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(영문) 부산지방법원 2019.05.20 2019고단871
보험사기방지특별법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant has conspiredd with B, C, D, E, F, and name in order to cause a traffic accident intentionally, and has conspired to receive an accident from an insurance company and receive insurance money by pretending that a traffic accident occurred due to negligence.

B, around 10:07 on November 9, 2017, driving an I-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

After that, D and the person in poor name suggested that he/she claim insurance money on behalf of the defendant and F, and the defendant and F did not board the above vehicle in accordance with the above proposal, they received medical treatment at the hospital, and claimed insurance money in the name of the defendant and F.

As a result, the Defendant conspiredd with the victim B, C, D, E, F, and name in collusion, thereby deceiving the victim, and received a total of KRW 8,575,500 from the above victim for medical expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol concerning B, C, D, E, and F;

1. The police statement of M;

1. Details of the payment of insurance proceeds;

1. A copy of the current status of the payment of insurance proceeds and written agreements;

1. Application of Acts and subordinate statutes to investigation reports (AN and insurance company accident records attached);

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;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: Fines of not less than 50,000 won but not more than 50 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for the crimes in this case.

3. Determination of sentence;

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