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(영문) 부산지방법원 2019.07.16 2019고단246
보험사기방지특별법위반등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, Nos. 1, 1-1, 3, 4, 6, 8, 8-1 of the attached list of crimes.

Reasons

Punishment of the crime

The Defendant, alone or in collusion with B, etc., had the victim H Co., Ltd. receive insurance proceeds on the same day with the intent to receive medical treatment by means of a hospital although he/she intentionally or negligently did not inflict any injury due to a traffic accident. On June 23, 2015, the Defendant: (a) on the front side of the D Bank located in Busan Shipping Daegu C after he/she conspiredd with B for a traffic accident with B on June 23, 2015; and (b) on the front side of the D Bank located in Busan Shipping Daegu C, B, while he/she was driving a vehicle causing a traffic accident, he/she intentionally embling the vehicle into the Ethbane or car of the FF driver who was illegally ped, and caused F to receive insurance proceeds on the same day without lowering the speed; (b) on the same day, he/she received insurance proceeds total of KRW 2,263,050 from the victim on December 1, 2014 to October 18, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of I by the prosecution (three times);

1. Each police interrogation protocol against B, J, or K;

1. Application of all Acts and subordinate statutes to documents received for accidents;

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention (in the case of joint-offenders, Article 30 of the Criminal Act), and choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the Defendant repeatedly committed a crime over a long time; (b) the total amount of damage exceeds KRW 42,490,00; (c) no recovery from particular damage; (d) his mistake is against it; and (e) the motive and circumstances of the crime are considered.

The acquittal portion

1. The criminal defendant is guilty of the facts charged.

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