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(영문) 부산지방법원동부지원 2020.12.10 2020고정460
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 29, 2017, the Defendant: (a) intentionally caused a traffic accident with B, C, and D; and (b) accordingly, the Defendant intentionally received the insurance money from the insurer; (c) on December 29, 2017, at the entrance of the Mancuk 2 tunnel located in the hot spring dong-gu, Busan, the Defendant dong-dong, along with C, with C, D; and (d) B was intentionally received the back portion of the right side of the G News E-ray car in the port of the said vehicle, which was driven at the port of the said vehicle.

As above, although the above traffic accident was caused intentionally by the Defendant, etc., the Defendant claimed insurance money from the victim H as if the above accident was a traffic accident occurred with B, C, and D around that time. From January 11, 2018 to January 12, 2018, the Defendant received from the above victim the agreed amount of KRW 7,282,925 in total with the insurance proceeds as stated in No. 1 and No. 1-1 of the annexed crime list from January 1, 2018 to January 12, 2018, and caused the above victim to receive or cause the above victim to pay medical expenses from the hospital by the same method until February 22, 2018.

Accordingly, in collusion with B, C, D, and I, the defendant deceivings victims, and received or acquired a total of KRW 15,403,275 from the victims for insurance money.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to each police interrogation protocol of the police as to B, C, D, and I (inception of accident documents);

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and Selection of fines;

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

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