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(영문) 광주지방법원 목포지원 2020.01.31 2019고단707
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant intentionally caused flood accidents to B Ecoos car owned by the Defendant, and tried to obtain the insurance proceeds by deceiving the Victim C Co., Ltd. as if the accident occurred due to negligence during driving.

At around 18:00 on October 15, 2018, the Defendant: (a) driven the said car on the front bank path of the Jeonsung-gun, Bosung-gun; (b) killed the said car by intentionally manipulating the hand; and (c) flooded the said car to the number of side streets; and (d) on October 15, 2018, the Defendant received the accident, stating that “the vehicle on which the bridge was built falls into the side of the bridge,” and filed a claim for the self-accident insurance proceeds with the victim company on October 16, 2018.

On December 21, 2018, the Defendant, by deceiving the victim company, received insurance money from the person in charge of paying the insurance money belonging to the victim company, KRW 53,80,000 from the company bank account (Account Number:F) under the name of the Defendant, and acquired insurance money by insurance fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The application of Acts and subordinate statutes on the receipt of an accident, letter of contract, photograph of the scene of an accident, request for automobile insurance proceeds, fact confirmation, analysis of causes of escape from practice, investigation report (Attachment to the current status of payment of insurance proceeds), payment status of insurance proceeds, payment resolution of insurance proceeds, investigation report (H counterpart investigation), and details of account

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Insurance Fraud, and Selection of Imprisonment;

1. The sentence as ordered shall be determined by taking into account all the conditions of sentencing as shown in the arguments and records, including the fact that there is no record of the same kind of crime as the reason for sentencing under Article 62(1) of the Criminal Act, the total amount of the insurance proceeds received, excluding the remaining value of the insurance proceeds, has been returned to the victim and has been recovered from damage, and the mistake has been recognized and reflected.

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