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(영문) 광주지방법원 2019.02.15 2018고단4288
보험사기방지특별법위반
Text

Defendant

A Fines 4,000,000 won, Defendant B’s fine of 3,000,000 won, and Defendant C’s fine of 3,000,000 won.

Reasons

Punishment of the crime

around June 2018, Defendants conspired to receive insurance proceeds from their intentional use of transportation roads in front of the E entertainment rooms located in Gwangjubuk-gu, Gwangju, with a view to receiving the insurance proceeds.

Defendant

A around 23:46 on July 5, 2018, at the Gcarf parking lot located in Gwangju-dong-gu, Gwangju-gu, A received several times from the defendant IK7 car where the defendant was driving the pentum and even gate in front of the driving seat of the Hgro vehicle parked in advance by the defendant B.

On July 6, 2018, Defendant A received insurance to the effect that “A calls from the J Call Center (K) at the above accident site,” and “A had contact the other party’s left-hand side during the entry of the parking lot.”

However, the above accident was not caused by Defendant A’s negligence but caused intentionally to receive insurance proceeds from the above J.

The Defendants, by deceiving the Victim J which is the victim, received 9.9 million won in the name of L Bank (Account Number:M) account in the name of the Defendant on July 13, 2018, under the pretext of unrepairing and repairing a Hadden car on July 13, 2018 from the victim, and Defendant A received 1.15 million won in the name of self-repair expenses.

Accordingly, the Defendants conspired to deception the above victims and acquired them through payment of KRW 11,50,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes to receive accidents, contract letters, on-site photographs, claim insurance proceeds, and written consent for payment;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and Selection of fines;

1. The crime of insurance fraud is not likely to be committed in light of the method of crime, etc. by which the defendants conspired to commit an accident and acquired insurance money by deceit as the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act. The crime of insurance fraud is a crime that undermines the social functions of insurance.

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