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(영문) 전주지방법원 2020.09.08 2020고단1449
보험사기방지특별법위반
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2019, the Defendant: (a) around 14:00, at the former Jeju District Prosecutors’ Office located in Seojin-gu, Seojin-gu, Jeonju-si; (b) when the Defendant, who was stoppinged by B, was faced with the part of the main set of the car car car car set by Ci30, which was driven by B, the Defendant demanded the receipt of the accident insurance to B; and (c) had B receive the accident from the victim D on July 19, 2019.

However, as the above traffic accident was a very minor accident, even if there was no need for medical treatment or there was a need for medical treatment, it was thought that it was possible to receive hospital treatment by using the above accident and receive hospital treatment expenses, etc. from the victim insurance company, and used them for living expenses, etc.

Nevertheless, as if the above traffic accident requires hospitalized treatment, the Defendant received KRW 3,764,720, total sum of the insurance proceeds from the victim insurance company 10 times in total, as well as KRW 17,041,810 from the victim insurance company, such as the crime sight table, and received KRW 17,041,810 from the victim insurance company, but was refused to pay insurance proceeds and did not result in attempted crimes.

Accordingly, the defendant had attempted to receive or receive property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on E, F, G, H, I, J, K, L, M, and N;

1. Each report on investigation;

1. Claim and payment details of each insurance money, details of receipt of each accident, each investigation site and termination statement, details of each accident, details of payment of the insurance money, details of 112 declaration, opinions, certificates of admission and discharge, and application of Acts and subordinate statutes of medical records;

1. Article 8 of the Act on the Prevention of Insurance Fraud and Article 10 of the Special Act on the Prevention of Insurance Fraud shall apply to the relevant criminal facts, the applicable provisions of the Act on the Prevention of Insurance Fraud and Article 10 of the Special Act on the Prevention of Insurance Fraud shall apply.

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