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(영문) 서울남부지방법원 2018.11.28 2018고정853
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

C In fact, even though the occurrence of a traffic accident did not occur, in order to obtain insurance money from an insurance company under the name of agreement, etc., and on February 6, 2017, the defendant was unable to receive insurance contract with a limited driving agreement of 26 years old because the insurance, which was subscribed to in the event of the occurrence of an accident involving pedestrians while driving a motor vehicle, could not receive an insurance contract with a limited driving agreement of 26 years old.

On the same day, the Defendant received an accident to the effect that “A request to accept insurance” was “A request to the effect that the Defendant, in fact, did not cause a traffic accident while driving a vehicle on the road in front of the Seoul Mapo-gu Seoul Mapo-gu (Seoul Mapo-gu).” On the same day, the Defendant received an accident to the effect that “Around February 14, 2017, the Defendant, while driving a motor vehicle for riding on the road in front of the crosswalk, caused an accident involving pedestrians in front of the crosswalk.”

Accordingly, the Defendant conspired with C to induce the victim as above, and acquired insurance proceeds by receiving KRW 3,652,460 as insurance proceeds from February 10, 2017 to March 20, 2017 from the victim to the victim.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of investigation report (to a counterpart investigation of computerized data related to receipt of suspect A insurance company losses) Acts and subordinate statutes;

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on the Prevention of Fraud in which punishment is selected, Article 30 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the following: (a) the background and content of the instant crime; (b) the degree of damage; (c) the fact that the Defendant is deemed to have no profit acquired by the Defendant; (d) the fact that the Defendant is recognized as an initial offender; and (e) the Defendant’s health and financial status.

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