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(영문) 부산지방법원 2019.03.06 2018고단4702
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

After intentionally inducing a traffic accident in collusion with B, C, D, etc., the Defendant conspiredd to receive an accident from an insurance company and receive insurance proceeds by pretending to cause a traffic accident due to negligence.

B, around 19:00 on July 12, 2016, driving G QM3 car on the front road located in Busan Shipping Daegu, and the Defendant, C, and D was boarding the said car while driving the said car, B found 1 K5 car of H driving that was changed in the tea line and received it intentionally, and required the victim JJ Co., Ltd. to report the accident to the effect that the accident occurred, and as it suffered damage due to the traffic accident, the agreement amount and treatment expenses were changed, and it received KRW 5,88,050 in total from the said victim as the medical expenses, etc.

In addition, the Defendant, in collusion with B, C, D, etc., received insurance money equivalent to KRW 46,129,540 in total from the victim insurance companies over eight times in total, such as the list of crimes committed in the same manner from around that time to August 29, 2017 (i.e., correction of “K” as “L”).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police interrogation protocol of M, N,O, P, Q, R, S, T, U, and V;

1. Copy of the written statement by the police of W;

1. Application of the AICPS legislation

1. Article 347(1) and Article 30 of the Criminal Act of the relevant Act concerning criminal facts (attached Form 1 frauds per annum), Article 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, the selection of imprisonment for a crime

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) Defendant committed insurance fraud on several occasions; and (b) such insurance fraud leads to multiple policyholders’ damages, and thus, the nature of the crime is very bad.

The Defendant planned to commit the crime by soliciting the winners, and was in the position of leading the crime, and the police.

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