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(영문) 대구지방법원 경주지원 2019.06.27 2018고단794
보험사기방지특별법위반등
Text

Defendant

A shall be punished by imprisonment of 10 months, by a fine of 4 million won, and by a fine of 1 million won, respectively.

Reasons

Punishment of the crime

1. On July 18, 2017, Defendant A and B violated the Special Act on Insurance Fraud Prevention (hereinafter “Defendant A”) received from G a lane G (the age limit 84) while running the Defendant B’s car located in D on July 18, 2017, while carrying out the work of unloading alcoholic beverages, Defendant A and Defendant A suffered from her alley to her.

Accordingly, Defendant B instructed Defendant A to “I would report the occurrence of an accident on H Mme Truck, which was insured because he did not buy an insurance policy,” and Defendant A would receive the insurance as if the occurrence of an accident occurred in the rear of Hme truck owned by Defendant A, which was operated for the purpose of supplying alcoholic beverages in compliance with the aforementioned instructions.

On July 18, 2017, Defendant A continued to receive the false accident that “the occurrence of an accident in the course of the operation of HM truck” from the victim I corporation, who subscribed to H MM truck, received the false accident that “the occurrence of an accident in the course of the operation of the MM truck,” and decided that Defendant A would receive the total sum of KRW 53,528,530 insurance money, such as consolation money, from G, etc. However, Defendant A did not receive the accident on the ground that Defendant A received the accident with a false content.

Accordingly, the Defendants conspired to demand insurance money by deceiving the victim on the occurrence, cause, or content of the insurance accident, but did not acquire insurance money, but did not receive it.

2. Defendant A

A. The Defendant by occupational negligence is a person engaged in the business of unloading alcoholic beverages by using Felon vehicles.

On July 18, 2017, at around 10:25, the Defendant continued to drive a knick and drive the knick to get off alcoholic beverages on H MM truck.

In such cases, a person engaged in the operation of construction machinery has a duty of care to prevent accidents in advance by safely driving the construction machinery in a safe way to live well before and after the end.

Nevertheless, the defendant is guilty.

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