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(영문) 부산지방법원 2019.07.10 2018고단5990
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In collusion with B, C, D, E, F, etc., the defendant has intentionally induced a traffic accident, and has conspired to receive an accident from an insurance company and receive insurance proceeds by pretending to have caused a traffic accident due to negligence.

B On November 6, 2017, around 18:35, 2017, G A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Since then, D proposed F to claim insurance money on behalf of the F, and F had not been on board the vehicle in accordance with the above D proposal, it received medical treatment at the hospital and claimed insurance money in the name of F after receiving medical treatment in the name of F.

As a result, the Defendant, in collusion with B, C, D, E, and F, by deceiving the victim as above, received total of KRW 764,010 from the above victim for the purpose of medical expenses, etc. from around that time to March 12, 2018, and received insurance money equivalent to KRW 35,539,020 in total from the victim insurance companies in the same way as shown in the attached crime list in the same manner from around that time to around March 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A copy of each police examination report concerning K, B, L, D, M, N, P, Q, R, T, U, and V;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos 1 and 2);

1. Relevant Article 8 of the Act on the Prevention of Insurance Fraud, and Article 8 of the Special Act on the Prevention of Criminal Fraud, and Article 30 of the Criminal Act (Separate Table of Crime)

1. The offense of Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 (3) of the Criminal Act, which is the most severe offense, shall be punished.

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