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(영문) 부산지방법원 2020.02.05 2019고정1508
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant, together with B, C, and D, conspiredd to commit an insurance fraud by receiving insurance proceeds from a hospital treatment as if he intentionally caused a car accident, and as a result, personal injury has occurred.

Accordingly, the Defendant driven the EYF Laol car with C, and the Defendant was on board the said car with C, and the Defendant was on March 19, 2017, driving the said car on the front of G University located in the Southern-gu Busan National University on the road located in Busan National University on the south-gu, Busan, and caused a traffic accident by discovering and shocking the I SM3 car driven by H in the front direction without lowering a speed, and driving it at the front direction without lowering the speed, and then causing a traffic accident by driving it as if the traffic accident occurred due to negligence, and having H receive damage from the victim JJ, K Co., Ltd., and the Defendant, B, C, and D received treatment at the hospital as if the personal injury was caused by a traffic accident due to a smoke.

Accordingly, in collusion with B, C, and D, the Defendant acquired insurance proceeds of KRW 8,938,690 in total in the name of agreement and treatment from the victim company by an insurance fraud act, or acquired insurance proceeds from the relevant hospital, vehicle repair company, such as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against C or D;

1. Application of Acts and subordinate statutes on the details of payment of insurance proceeds for accident case on March 19, 2017

1. Article 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, and the selection of fines concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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