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(영문) 춘천지방법원 강릉지원 2017.06.09 2017고정126
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the above fine is not paid, the defendant shall be the defendant for seven days.

Reasons

Punishment of the crime

On March 2, 2017, the Defendant intentionally disembarked the flive passenger car in a stopping as a hand, which reported the D bargaining passenger car driven by C in Gangseo-si B around 2017.

Since then, the defendant suffered a traffic accident due to the loss caused by the kB accident, and caused the damage requiring pain treatment for five days, the defendant received the insurance by making a false statement to the employees of the KB non-life insurance team of the victim.

However, the defendant did not have the right to receive insurance money because he intentionally paid the accident.

Nevertheless, the defendant, by deceiving the above and obtaining a payment guarantee for medical expenses of KRW 96,640 on March 15, 2017 from the injured party, tried to acquire, but failed to commit, an attempted pecuniary profit equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, E, and the defendant;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. A certificate verifying motor vehicle comprehensive insurance, a certificate of receipt of motor vehicle compensation, a certificate of payment of medical expenses, or a report on investigation of a motor vehicle disaster;

1. The screen by reducing each image data to a course;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Criminal Facts and Articles 10 and 8 of the Special Act on the Prevention of Fraud of Insurance Contract (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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