Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who works as a certified damage adjuster in the D Adjustment Company in Tong Young-gu.

On April 28, 2016, the Defendant came to know that in the process of implementing traffic accident-related agreements between E and F at the above D’s office around April 28, 2016, the Defendant would be paid KRW 20 million as the subsidy for traffic accident settlement from the driver insurance of the victims modern commercial reinsurance insurance to which E was subscribed, even though E agreed to pay KRW 7 million with the traffic accident agreement amount to F, it can be paid up to KRW 20 million under the agreement if E and F submitted a false agreement that paid KRW 20 million with the insurance company agreement amount to E and F.

In order to ask whether the insurance company actually paid KRW 20 million as agreed amount, the other party requested cash only as agreed amount and paid KRW 20 million in cash.

By stating that “E and F shall be dismissed,” the said E and F shall prepare a false agreement stating that E and F paid KRW 20 million to F in the form of the agreement, and E submitted the said agreement to the victim company on May 3, 2016, but the victim company failed to pay insurance proceeds.

Accordingly, the Defendant instigated the victim E and F to commit fraud, but failed to receive payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Statement made by the police with H;

1. Criminal agreement, confirmation of traffic accidents, request for payment of insurance proceeds, written resolution for payment, inquiry into contractual matters, and delegation contracts for damage adjusting services;

1. Application of the relevant Acts and subordinate statutes to each written diagnosis and report internal investigation;

1. Relevant Article of the Criminal Act and Articles 352, 347 (1), and 31 (1) (Selection of penalty) of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for conviction and sentencing of Article 334(1) of the Criminal Procedure Act are as follows.