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(영문) 부산지방법원 2020.12.17 2020고단2269
보험사기방지특별법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for five months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A On September 4, 2019, the Seoul Northern District Court sentenced two years and six months of imprisonment for fraud, which became final and conclusive on October 28, 2019.

Defendant

B, Defendant A, C, D, E, and F intentionally paid a traffic accident, and then filed a false report on an accident with an insurance company and proposed to divide the insurance proceeds, and Defendant A, C, D, E, and F conspired in sequence by accepting it.

Defendant

B contact with D to gather persons who are to participate in the crime of fraud, and Defendant A planned to commit the crime, such as informing Defendant A of the way to commit the crime, such as “A vehicle which is faced with a signal at the time, gambling, even singing,” and committing an intentional accident. Accordingly, D, around November 19, 2018, at the front of the H reading room located in the Geum-gu Busan Metropolitan Government on the way of the H reading room, around 03:25, around November 19, 2018. Defendant A took the e/F while driving a Jco or vehicle while driving the said knick vehicle, and filed a false claim for insurance proceeds with the Victim KFF on the way that the vehicle was damaged and the passengers suffered injuries.

As a result, the Defendants, in collusion with C, D, E, and F, deceiving the victim as above, and the Defendants received 10,479,020 won in total of the insurance money from the victim around November 28, 2018, such as the list of crimes in the attached Form.

Summary of Evidence

1. Each legal statement of the Defendants and C (the Defendant B is on the fourth trial date)

1. Some statements concerning E or F, such as a copy of each police interrogation protocol;

1. A copy of each investigation report (suspect E, D telephone statement hearing);

1. A copy of the details of payment of insurance proceeds in an accident, and a copy of the current status of determination of mutual aid money;

1. Previous convictions in judgment: A inquiry report and application of the statutes governing the judgment;

1. Relevant Article 8 of the Special Act on Insurance Fraud Prevention and the Defendants’ Selection of Punishment for Crimes: Article 30 of the Criminal Act;

1. Handling concurrent crimes (Defendant A);

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