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(영문) 부산지방법원 2020.06.04 2020고정490
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Busan District Court on February 26, 2020 and the above judgment became final and conclusive on February 26, 2020.

【Criminal Facts】

The defendant intentionally caused a traffic accident with B, and was willing to receive insurance money from the insurance company.

According to the above mother on November 14, 2017, the Defendant discovered a FSS5 car for E-driving, which was left left while driving a D-wheeled automobile that B was accompanied on the road front of Busan Shipping Daegu, Busan, and was partially left behind the said two-wheeled automobile.

Nevertheless, at that time, the Defendant claimed insurance proceeds to the Victim G Co., Ltd. as if a traffic accident occurred with B, and the Defendant received 546,000 won under the pretext of agreement around January 2, 2018 from the victim company, and the Defendant received 546,000 won under the pretext of agreement, and B received 388,330 won under the pretext of agreement around January 3, 2018, and paid 202,880 won to H in the name of medical treatment around January 23, 2018.

As a result, the Defendant, in collusion with B, stated “1,137,210 won” in the indictment of KRW 1,137,210 in total, but it is apparent that it is a clerical error in the “1,137,210 won”.

Even if the bill of indictment is corrected without changing it, it does not seem to be a substantial disadvantage to the defendant's exercise of his/her right to defense.

considerable amount of insurance money has been acquired or has been acquired to a third party.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Copy of the protocol of interrogation of the police as to B;

1. A list of details of the payment of insurance proceeds (seven pages of investigation records);

1. Previous convictions: References to criminal records, references to case agreements, references to the Busan District Court Decision 19 High Court Decision 19 High Court Decision 2247, Busan District Court Decision 19No3199 shall apply;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Insurance Fraud in Selection of Punishment, and Article 30 of the Criminal Act;

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