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(영문) 수원지방법원 2020.12.22 2020고단6215
보험사기방지특별법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendants and G agreed to divide the insurance proceeds by filing a false report with the insurer and receiving the insurance proceeds, as they were aware of in the process of working together with the “I” delivery agency in O in O in O in O in O in O in O in O in O in O in U.S., even though there was no traffic accident, as if the accident of E-wheeled Motor Vehicle was caused by a false report with the insurer or not compensated.

As a result, around 00:09 on March 29, 2019, Defendant A driven the two-wheeled vehicle from the original city of Osan to J Co., Ltd., a victim of the mobile phone on March 28, 2019, at around 00:02, Defendant A, while driving the two-wheeled vehicle on March 28, 2019, the victim of the two-wheeled vehicle, and the two-wheeled vehicle that C was driven and boarded by E was immediately exceeded.

‘ ‘ falsely reported an accident' and claimed insurance money.

Defendant

A, Defendant C, and Defendant E, by deceiving the victim as above, received KRW 2,046,750 from the victim under the pretext of the agreement amount, repair expenses, etc. of Defendant C, and received KRW 1,424,590 from each of the co-offenders from around November 5, 2019 under the pretext of the agreement amount, repair expenses, etc. of Defendant C, and the agreement amount and treatment expenses of Defendant E. From that time, Defendants and G conspired with each of the co-offenders from November 5, 2019 and received insurance proceeds from the victim J or the victim K Co., Ltd. in the same crime list.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Statement of the police concerning L;

1. Details of accidents, and details of payment of insurance proceeds for each accident on one or seven occasions;

1. Application of statutes, such as the current status of payment of insurance proceeds;

1. Defendant A of the pertinent legal provision on criminal facts: Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Defendant C of Article 30 of the Criminal Act: Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Articles 10 and 8 of the Special Act on Insurance Fraud Prevention, and the Criminal Act.

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