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(영문) 인천지방법원 2019.03.13 2018고단9157
보험사기방지특별법위반
Text

Defendant

A and B shall be punished by imprisonment for six months, by imprisonment for eight months, and by a fine of three million won, respectively.

Reasons

Punishment of the crime

[criminal power] Defendant C was sentenced to two years of imprisonment for habitual larceny, etc. at the Suwon District Court on July 24, 2015, and the execution of the sentence was terminated around October 22, 2016. On October 20, 2017, Defendant C was sentenced to one year of imprisonment for the crime of bodily injury, etc. at the Incheon District Court on February 20, 2018 and the said judgment became final and conclusive on February 20, 2018. Defendant D was sentenced to six months of imprisonment for special larceny, etc. at the Incheon District Court on October 20, 2017, and the said judgment became final and conclusive on December 23, 2017.

【Criminal Facts】

1. Defendants A, B, E, and F’s co-principal defendants and E (prosecution on October 2, 2018) and F (prosecution on October 2, 2018) have intentionally caused a traffic accident and subscribed to the purchase of insurance proceeds by receiving insurance proceeds from an insurance company subscribed for a traffic accident and receiving insurance proceeds from the insurance company.

Defendants, E, and F, according to the aforementioned public offering, on the roads in front of the H located in Nam-gu Incheon Metropolitan City on December 29, 2016, around 08:23, the Defendants, E, and F are driving ahead of the H, and E are driving on the I-to-surged vehicle with the Defendants and F on the I-to-surged vehicle. As the vehicle driven by J intentionally changed the lane, causing a traffic accident by shocking the vehicle with the A-to-surged vehicle. After the occurrence of the accident, the Defendants, E, and F were treated with M&D’s intention as if the accident occurred due to negligence, and the Defendants, E, and F were treated with M&D’s intention on December 29, 2016.

Accordingly, in collusion with E and F, the Defendants deceptioned a person in charge of the influence of the name of the victim company as above and acquired insurance money by insurance fraud from January 3, 2017 to January 26, 2017 by receiving an aggregate of KRW 5,540,820,000 from the person in charge of the influence of the name of the victim company from January 3, 2017 to the vehicle repair cost.

2. Defendant B, N, F, andO’s co-principal offenders, Defendant N (Suspension of Prosecution on September 13, 2018), F (Public Prosecution on October 2, 2018), andO (Suspension of Prosecution on September 13, 2018) are to acquire insurance proceeds by receiving insurance proceeds from an insurance company subscribed for a traffic accident after intentionally causing a traffic accident.

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