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(영문) 수원지방법원여주지원 2020.12.21 2020고정241
보험사기방지특별법위반
Text

The defendant shall be punished by a fine of two million won. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant, B, and C intentionally caused a traffic accident using a passenger car with the front line, and the driver was pretended to be a traffic accident that occurred rapidly by neglecting the duty of safe driving, and it received an accident from an automobile insurance company that is not aware of such fact or conspired to receive insurance money from the automobile insurance company by receiving a false accident from the vehicle insurance company as if the accident actually occurred.

B, around 01:30 on August 4, 2018, the Defendant driven a D observer car in the vicinity of the Egynannan Pyeong-si, and received the back part of the Egynan-do-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo, the Defendant was driven by C, and then on August 4, 2018, he received the report of traffic accident from F (State) as the victim was unlikely to cause a traffic accident.

As such, the Defendant and B and C received KRW 1,788,050 from the victim F (the State) under the pretext of agreement, etc. as shown in the attached Form List, and received KRW 8,837,180 from the victims under the pretext of agreement, etc. six times in total, as shown in the attached Form List.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement B, each police interrogation protocol of the defendant against C, each substitute payment resolution, physical payment resolution letter, and the car compensation receipt letter;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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