logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.04.02 2019고정1371
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, together with B, C, D, etc., intentionally induced a motor vehicle accident, and subsequently conspired to commit an insurance fraud crime by receiving insurance proceeds from a hospital treatment as if the personal injury had occurred.

As a result, B driving a ESF station or other car with C, D, and the Defendant was on board the said car, B driving the said car on November 29, 2017, while driving the said car on the G road located in Busan Southern-gu, Busan-gu around 08:30 on November 29, 2017, H driving caused a traffic accident by discovering that the H J new-learning car is going in the future and driving it at a speed without lowering the speed, H driving as if the traffic accident occurred due to negligence, and H received a traffic accident on the same day, and the Defendant, B, C, and D received a traffic accident from the hospital respectively as if the personal injury occurred due to the traffic accident by chance.

Accordingly, the Defendant in collusion with B, C, and D, from December 4, 2017 to January 19, 2018, acquired insurance proceeds of KRW 7,816,010 in total from the victim I as an insurance fraud act, or obtained insurance proceeds from the relevant hospital in collusion with the victim’s insurance fraud act, such as agreed money and medical expenses, etc., and acquired insurance proceeds from the victim’s insurance fraud act on two occasions, such as in the attached list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to D, B, C, K, and L;

1. A, C, D, E, and J on November 29, 2017: A statement on the details of the payment of insurance proceeds for each motor vehicle accident, and a confirmation of the fact of the payment of insurance proceeds for each motor vehicle accident;

1. Application of Acts and subordinate statutes on March 8, 2018 on the details of payment of insurance proceeds for accident case;

1. Relevant Article 8 of the relevant Act on Criminal Crimes, each Special Act on Insurance Fraud Prevention, and Article 30 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

arrow