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(영문) 서울북부지방법원 2019.06.20 2019고정268
보험사기방지특별법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant intentionally caused a traffic accident and caused a traffic accident by the driver's negligence in order to obtain insurance proceeds from an insurance company by pretending that the traffic accident occurred.

At around 22:30 on June 26, 2018, the Defendant was walking at the Hancheon-ro 105-ro 24, Gangnam-gu, Seoul, Hancheon-gu, Seoul, and found the c lebane of the B driving who proceeds from the park in the opposite part of the park, and found the lebane in the corresponding part of the leba that the above leba passed on one's side, and led to the occurrence of the traffic accident by the negligence of B, which is the driver.

Since then, at around 23:01 on the same day, the Defendant had B receive insurance from the victim D Co., Ltd. which was a party to the above Orala as if the traffic accident occurred due to B’s negligence, and it received from the victim the total sum of KRW 235,980,00 from the victim around July 5, 2018, and 235,980 from July 18, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. CrimeCCTV and video CDs;

1. Report on internal investigation (No. 19 No. 5 of the evidence list);

1. Crime prevention CCTV images, closure photographs and field photographs;

1. A copy of the A accident sight;

1. Application of Acts and subordinate statutes to a certified copy of a face-to-face termination;

1. Relevant legal provisions concerning facts constituting an offense, and Article 8 of the Special Act on the Prevention of Insurance Fraud in Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is not only to impair the social function of the insurance company and to encourage moral hazard by abusing the insurance system, but also to transfer the economic damage to the large number of subscribers, and thus, a strict punishment is required.

The victim company's property damage has not been recovered, and the defendant still denies the crime and does not seem to reflect it.

In addition, the details of the crime and the subsequent crime.

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