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(영문) 부산지방법원 2020.08.14 2019고단4371
보험사기방지특별법위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On March 10, 2017, A was sentenced to imprisonment of one year and two months and a fine of four million won at the Busan District Court on March 10, 2017, and the execution of the sentence was terminated in the Daegu Prison on October 13, 2017. On September 26, 2019, Busan District Court sentenced two years to imprisonment for a crime of fraud, etc., and the said judgment became final and conclusive on October 10, 2019.

Defendant

A is a person who is engaged in driving of Churt Motor Vehicle, and Defendant B has received insurance money from the insurance company in which the other party driver was a party without any special injury after paying a minor traffic accident with Defendant A.

On June 25, 2018, at around 20:50 on June 25, 2018, the Defendants: (a) entered the road near the Busan-dong Busan-dong Busan-dong Busan-dong Busan-dong Busan-dong in order to make a right-hand and a second line; (b) Defendant A was driving; (c) Defendant B intentionally received the parts adjacent to D Driving’s said BMW car as the front part of the said AW car, which Defendant B was accompanied by the said AW car.

However, even though the above minor traffic accident was not an accident but an accident caused intentionally by the Defendants, the Defendants received insurance from the Victim F and the Victim G. From June 26, 2018 to October 17, 2018, Defendant A received total of KRW 3,603,820, including that: (a) Defendant A received KRW 1,875,240 under the pretext of agreement, etc.; and (b) Defendant B received KRW 1,728,580 under the pretext of agreement, etc. from the victims; and (c) from June 2, 2018 to February 28, 2019, Defendant A submitted 30 times a total of KRW 1 to 14,16, and 31, as indicated in the annexed Table No. 1 to 10,12,13,16, or 31; and (d) Defendant A conspired Defendant A with the insurance company’s total of KRW 30,81,000.

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