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(영문) 부산지방법원 2018.11.21 2018고정1659
보험사기방지특별법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

Defendants, D, E, F, etc. have taken many number of passengers available for a passenger car and conspired to cause an accident intentionally and to obtain insurance money from an insurance company.

Defendants, D, etc.: (a) around 00:05, around 17, 201. 00:00, in front of the G Officetel in Busan Metropolitan City; (b) under the name of the Defendant’s driver, and led to the Defendants and D to board a car; (c) the Defendant and D, by driving an I observer car under his own name, caused a traffic accident by intentionally collision with the said car; (d) the Defendant and D, etc. received the insurance from the victim KB Non-Life Insurance Co., Ltd. affiliated with E around that time; (c) from around that time to March 2018, the Defendant agreed to KRW 1,490,940, 1,269, 730, 1,304, 104, 304, 100, 304, 1004, 304, 190, 304, 1004, 190, 304, 300.

As a result, Defendants and D et al. conspireded to obtain a total of KRW 7,167,790 from the victim company.

Summary of Evidence

1. Defendants’ legal statement

1. Copy of the protocol concerning the examination of suspect of the police against D or E;

1. A detailed statement of insurance money payment;

1. A report on the termination and adjustment of each motor vehicle accident;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the history of paying insurance proceeds by suspects);

1. Article 8 of the Special Act on the Prevention of Fraud by Insurance under the relevant Act on Criminal Facts, Article 30 of the Criminal Act, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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