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(영문) 서울중앙지방법원 2019.05.28 2019고단1690
보험사기방지특별법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 15, 2019, at around 02:45, the Defendant: (a) reported that the taxi passengers did not sleep in front of the C convenience point located in Gwanak-gu in Seoul Special Metropolitan City; (b) was urged by the police officer belonging to the Seoul Gwanak-gu Police Station Down-gu Police Station, Seoul, to pay for the taxi fare and to return home; (c) he sent the back wheels of the patrol vehicle (No. 65) driven by the above E to the left side of the patrol vehicle (No. 1) driven by the said E, and followed the said patrol vehicle once again, and followed the Defendant’s growth at around four times from around 02:49 to 03:13 on the same day, the Defendant called the police officer belonging to the new police station of Seoul Special Metropolitan City by making a false report to the effect that “the police vehicle took a bridge.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers with regard to the dispatch of police officers' 112 report and the handling of the case.

2. On January 15, 2019, the Defendant violated the Special Act on Insurance Fraud, around 02:45, at the front of the C convenience store located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant made a false statement as if the traffic accident occurred in the same manner as described in paragraph (1), and notified and received the occurrence of the insurance accident to the victim FF Co., Ltd. using E (accident No. 19-003055) and received medical treatment at the H hospital located in Guro-gu Seoul Special Metropolitan City on the same day.

However, in fact, the defendant did not have the right to receive insurance money because of false traffic accidents.

Nevertheless, the Defendant, as seen above, by deceiving the victim, had the victim receive insurance money from the victim, but did not go back to the wind, but did not go back to the wind.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to E and I;

1. A detailed statement on handling 112 reported cases and a statement on handling 112 reported cases;

1. Horse images;

1. Payment guarantee of medical expenses;

1. Photographs of the suspect;

1. CCTV and CD 1.

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