A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

around 03:00 on October 23, 2016, the Defendant driven a BMW car under the influence of alcohol at C University D located in Incheon, and the Defendant shocked the front part of the report with the top part of the vehicle. As a result, there was a repair cost of 28,310,400 won.

At the time of the above traffic accident, the defendant knew that the above car is covered by the automobile comprehensive insurance to the victim FF corporation, and that the fact was unable to receive insurance money for physical damage caused by drinking driving. However, the defendant tried to conceal the fact that the above traffic accident occurred while driving alcohol and claim insurance money to the victim company, thereby receiving insurance money equivalent to the above repair cost.

On December 28, 2016, the Defendant: (a) called the Defendant’s call center to receive insurance from the victim’s company to the effect that a traffic accident occurred due to the said traffic accident while driving under the influence of alcohol by hiding the fact that the said traffic accident occurred while driving; (b) on January 13, 2017, the Defendant entered the accident column of the claim for insurance money in the column of the accident, and submitted it to the victim company; (c) during the review of whether to pay insurance money, the Defendant did not drive under the influence of alcohol at the time of the said traffic accident to G, who is an employee in charge of the compensation for large-scale goods belonging to the victim company.

On April 27, 2017, the victim company paid money equivalent to the above repair cost.

Accordingly, the defendant acquired insurance money by insurance fraud or acquired insurance money from a third party, and revised criminal facts so that the legal requirements of the defendant can be revealed within the scope of not infringing the defendant's right of defense in light of evidence records.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Domestic insurance reports (insurance proceeds);