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(영문) 부산지방법원 동부지원 2019.06.13 2019고단268
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of five million won.

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, together with B, C, D, E, etc., received damage from an insurance company by intentionally taking advantage of a vehicle violating traffic laws and regulations, such as breaking the central line or changing the course of a sudden course, and acquired insurance proceeds under the pretext of agreement, or conspired to receive damage from the insurance company and receive insurance proceeds under the pretext of medical expenses, etc., even though there was no fact that there was any injury.

Accordingly, around 22:15 on July 2, 2017, the Defendant, B, C, and D driving a GEX car in the name of the Defendant, B, and C and D operating the said car, and Defendant E, C and D discovered and intentionally received HH driver’s I news publication vehicle in front of the said car while driving on the said vehicle while driving on the said vehicle, and changing the tea line, and then caused the traffic accident by receiving a report from the victim J., but it received KRW 11,903,810 in total as the name of medical expenses, etc. from the victim.

In collusion with C, A, etc., the Defendant received a total of KRW 18,221,650,00 from around that time to July 31, 2017, in total, twice as shown in the list of crimes in attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol concerning the examination of police officers in relation to K, C, L, M, E, or B;

1. Application of Acts and subordinate statutes of a copy of each police statement to N or D;

1. Relevant legal provisions concerning facts constituting an offense, Article 8 of the Special Act on Insurance Fraud Prevention, and Article 30 of the Criminal Act;

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

3. Although the Defendant’s fault on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act does not seem to be minor, the Defendant’s age, environment, means and consequence of the crime, the circumstances after the crime, degree of participation in the crime, and the degree of benefits.

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