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(영문) 부산지방법원 2019.03.07 2018고단4339
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant conspired with B, C, D, E, F, etc. to cause a traffic accident, and conspired to receive an accident from an insurance company by pretending that a traffic accident occurred due to negligence, and to receive insurance money.

B, around 22:00 on April 4, 2017, driving GM6 cars on the roads adjacent to the JM6 car located in the Nam-gu, Nam-gu, Busan, and the Defendant, C, D, and E was driving on the said car while driving the car, B, while finding the HM5 car that was changing the car line and intentionally receiving it, requested H to report the occurrence of the accident.

After all, E proposed F to claim insurance money on behalf of the F, and F had not been on board the above vehicle in accordance with the above proposal, and therefore, the hospital received medical treatment and claimed insurance money in the name of the defendant, even though there was no fact.

Accordingly, the Defendant, in collusion with B, C, D, E, and F nes, by deceiving the victim as above, and received a total of KRW 6,225,710 from the above victim for the purpose of treatment expenses, etc. from the above victim. From around that time to December 26, 2017, the Defendant received insurance money in total of 38,653,860 won from the victim insurance company through six times in total, such as the list of crimes in the same manner.

Summary of Evidence

1. Defendant's legal statement;

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

1. Copies of each protocol concerning the examination of suspect of the police against K, L, M, C, B, N,O, and P;

1. Application of A-related statutes on the list of accidents;

1. Article 8 of the relevant Act on Prevention of Insurance Fraud, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The reason for sentencing under Article 62-2 of the Criminal Act is the probation and community service order.

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