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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 13, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Special Act on Insurance Fraud Prevention, and the judgment was finalized on December 21, 2018. On March 14, 2019, the Defendant was sentenced to two years of suspension of execution on March 22, 2019.
【Criminal Facts】
For the purpose of preparing B, C, D, E, F, G, H, entertainment expenses, living expenses, etc., the Defendant intented to receive insurance proceeds by intentionally reporting an accident to the insurance company after intentionally causing a traffic accident, or by neglecting the victim to receive insurance proceeds.
1. On January 17, 2017, the Defendant: (a) around 13:49 around January 17, 2017, the Defendant: (b) 13:49, while carrying B in the IK7 car; and (c) changed the lane of L in front of the K Driving Schools, which was under the jurisdiction of Seocheon-si, Seocheon-si; (b) caused a traffic accident that shocks his K7 car; (c) despite having not suffered any physical damage due to an accident, he was hospitalized with B for two days in the N Hospital; and (d) filed a claim for the payment of insurance money as if he was actually in fact to an employee in poor name of the victim’s O company; and (e) requested the victim to receive KRW 3,200,460 from the victim for the total sum of 3,200,460 or the N Hospital, etc. for treatment expenses.
Accordingly, in collusion with B, the Defendant received 3,200,460 won in total from the insurance fraud act or had the N Hospital receive it.
2. On February 7, 2017, the Defendant and C moved along a P SP car driven by D around February 19, 2017, and passed the road near the Incheon Southern-gu Q, the vehicle driven by SM3 was changed to the lane and shocked the D’s SP car. However, even if the accident did not cause any physical damage, the Defendant and C were hospitalized for 4 days with C and D as UD’s members, even though they did not suffer any physical damage.