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(영문) 부산지방법원 2020.05.21 2020고정548
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant conspired to commit an insurance fraud by intentionally inducing a traffic accident and receiving insurance proceeds from a hospital treatment as if personal damage had occurred due to negligent traffic accidents, together with B (the imprisonment of six months and two years of probation), C (the summary order of KRW 1 million of a fine of February 19, 2020), D, E, and F (the summary order of KRW 3 million of a fine of KRW 5 million of February 5, 2020).

On December 29, 2017, B, around 21:34, while driving a G-type cruise car driven by the Defendant, C, D, and E on the road near the entrance of the Manduk 2 tunnel located in the Busan East-gu, Busan-gu, it caused a traffic accident by discovering and shocking that the I-type car of H driving enters the seat of the vehicle at the entrance of the tunnel at the front of the tunnel, while discovering the vehicle at the front of the tunnel, the vehicle at the H driver was found to have been going to enter the seat of the vehicle at the entrance of the tunnel, and then, H requested H to receive the damage of the traffic accident at the victim J Co., Ltd. as if the traffic accident occurred due to negligence in driving, and the Defendant, B, C, D, and E claimed the insurance money after receiving medical treatment from the hospital as if the personal damage occurred.

As a result, in collusion with B, C, D, E, and F, the Defendant received KRW 1,50,000 from the victim for an agreement with the Defendant on January 11, 2018 as well as acquired KRW 20,819,460 in total amount of insurance money or acquired it from the relevant hospital, car repair company, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of each police suspect examination protocol against the accused, B, C, D, and F;

1. Application of the Acts and subordinate statutes in which an investigation report (additional confirmation of a disposition for concurrent crimes) is entered;

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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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