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(영문) 부산지방법원 2018.04.26 2018고단1109
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, together with C, D, E, etc., received damage from insurance companies by intentionally taking advantage of vehicles violating traffic laws and regulations, such as breaking central lines or changing the course of a sudden course, and acquired insurance proceeds in the name of agreement, or conspired to receive damage from insurance companies for the purpose of receiving damage from insurance companies and receiving insurance proceeds under the name of medical expenses, etc., even though there was no fact that there was any injury.

Accordingly, around 08:43 on December 201, 201, the Defendant, C, D, and E used the said vehicle to drive the said vehicle by lending the said vehicle to the southcheon-dong subway Station in Busan and the G K5 owned by F on the roads near the Namcheon-dong subway Station. The Chief D and the back seat D are on the front and back of the said vehicle, while the Defendant and C are on the front and back of the said vehicle, E discovered the HM5 vehicle moving from the said vehicle in front of the said vehicle and received intentionally the said vehicle, and then received the vehicle accident by requiring H to file a report on the accident with the Marine Insurance Co.,, Ltd. of the victim Mts with the purport that the accident occurred. Accordingly, the damage was caused by agreement and medical expenses, etc., and the said damage was provided to the said victim with KRW 5,831,210 in total under the name of the treatment expenses, etc.

In collusion with C, D, E, etc., the Defendant received insurance proceeds equivalent to 91,742,484 won in total from the victim insurance companies over 11 times in total, such as the list of offenses in the attached Form from around that time to January 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Copies of each protocol concerning the interrogation of suspect by the police in relation to C, E, J, K, L, M,O, P, Q, and R;

1. Each police statement made in relation to S, T, U, and V;

1. Application of statutes, such as a written resolution on the payment of insurance proceeds;

1. Article 8 of the Special Act on the Prevention of Fraud in the Insurance Act applicable to facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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