200 Highest 3856 Assaults, Road Traffic Act Violation, Special Act on Insurance Fraud Prevention

Violation of the Guarantee of Automobile Accident Compensation Act

20 Highest 5241(Joints)

A, 1966 NT, South and North

Residence

Reference domicile

Kim Tae-tae (Court Prosecution) and Kim Jong-hoon (Court Decision)

Attorneys Kim Jong-sung (Korean)

April 8, 2021

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

The defendant shall be ordered to take 40 hours of violence therapy.

Punishment of the crime

"200 Highest 3856"

On March 10, 2020, at around 18:25, the Defendant: (a) ordered the victim at the home of the Defendant located in Ulsandong-gu B, Ulsan-gu, Seoul-gu, to leave the victim D (ma, 22 years old); (b) the victim was unable to open the 1st floor of the above building; and (c) the victim did not go up to the 1st floor of the above building; and (d) the victim was in a dispute with the victim, and assaulted the victim's face one time with the right hand.

"200 Highest 5241"

1. Violation of the Special Act on Insurance Fraud Prevention;

On September 15, 2020, the defendant, around 19:19, fell short of the H car volume that was parked in the Gho-learning car parking lot in Ulsan-gu E and the Fcar, Ulsan-gu.

Therefore, even though the above vehicle was not covered by the automobile damage insurance at the time of the accident, the defendant thought that the victim I's I's insurance was in mind as if the accident occurred after the insurance coverage.

피고인은 2020. 9. 9. 16:41경 피해자 I손해보험에 자동차 보험을 가입한 후, 2020. 9. 14. 19:40경 전화를 통하여 '2020. 9. 9. 17:00경 울산 북구 J아파트 근처에서 G호 모닝차량을 후진하다 주차되어 있던 H호 팰리세이드 승용차량을 충격하였다'고 거짓말하면서 보험금 지급청구를 하여 피해차량의 수리비 1,519,892원 상당을 편취하려고 하였으나, 이를 알아챈 피해자가 보험 지급을 거절함으로써 미수에 그쳤다.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

No person who owns a motor vehicle shall operate a motor vehicle on the road which is not covered by mandatory insurance.

Nevertheless, on September 8, 2020, the Defendant operated the amount of Gho-learning car owned by K, which was not covered by mandatory insurance from the section in the section in question from Sep. 15, 2020 to Ulsan-gu E parking lot.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 260(1) of the Criminal Act (Crime of Violence), Articles 10 and 8 of the Special Act on Insurance Fraud Prevention (Crime of Attempted Insurance Fraud), Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

Reasons for sentencing

The fact that there are a number of punishment records, including the suspension of the two-time imprisonment with prison labor by violence, the degree of used violence is not strong, the victim paid 200,000 won to the victim, the period of insurance not being covered is not long, and insurance fraud crimes are committed in relation to attempted crimes, etc.

Judges Kim Yong-hee