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(영문) 부산지방법원 2018.08.17 2018고단2789
보험사기방지특별법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Special Act on the Prevention of Insurance Fraud, along with C, D, E, central lines, changes in course, etc., received damage from an insurance company by intentionally taking advantage of vehicles violating traffic laws and regulations, and acquired insurance proceeds in the name of the agreement, or conspired to receive damage from the insurance company and receive insurance proceeds from the name of the medical expenses, etc. even though there is no occurrence of an injury in the event of a traffic accident with a minor intention.

C On December 6, 2017, around 09:4, around 09:4, 09:4, driving a FK5 car on the road of the first line, FK-5 car on the apartment 1-dong, 1-dong, Busan-dong, Busan-dong, and the defendant, D, and E, while driving the car above the central line, C, while driving the car above the central line.

The G driving found and intentionally received H rocketing taxi and received the accident, and caused damage to G by requiring the victim to report the accident to the victim's personal taxi mutual aid association in the context of the occurrence of the accident, which led to the occurrence of the traffic accident. Accordingly, the agreement gold and medical expenses were changed, and the damage was paid KRW 5,282,166 in total in the name of medical expenses, etc. from the above victim.

As above, the Defendant conspired with C, D, etc., and received insurance proceeds equivalent to KRW 8,964,176 in total from the victim insurance companies twice in the same manner from November 23, 2017 to December 6, 2017, as shown in the list of crimes in the attached Form.

2. On November 23, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without obtaining a driver’s license from around 12:30 on November 23, 2017, and driving an I Poste car from around 20km to the front road of the building in the building in the Southern-gu Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer against the defendant, D, or C, and a protocol of examination of the suspect of the prosecution;

1. An inquiry into the history of paying insurance proceeds by the Insurance Development Institute;

1. Application of A Accidents-Related List legislation 1.

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