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(영문) 부산지방법원서부지원 2020.08.14 2020고단11
보험사기방지특별법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

Of the facts charged against the defendant, the annexed list of crimes shall be the same.

Reasons

Punishment of the crime

Defendant

A, on August 23, 2017, at the intersection of Gangseo-gu, Busan, 06:45, 06:45, 6, the Intersection 6, an International Intersection, the defendant's possession of the defendant, finds and intentionally caused an accident from the first line to the second line, and intentionally caused the accident, he/she must make sure that the accident occurred due to the negligence of the above D, and require D to take insurance measures and have D receive insurance from the victim FF corporation from August 25, 2017 to September 21, 2017, including that the sum of KRW 7,890,200,000 was received from the victim for the purpose of treatment, settlement, etc. from the victim to June 17, 2019, and received the total sum of KRW 6,7,101,100,17,196,17,195,16,17,196,17,100,16, and30 column from the victim list.

Summary of Evidence

1. The defendant A's partial statement

1. Each police statement of G and H, written statement of D, J, K, and L, each insurance payment details of each insurance payment [the Defendant A does not intentionally commit a traffic accident listed in [Attachment Table 15], if the Defendant denies intention, which is a subjective element of the constituent elements of the crime, it cannot be objectively proven the criminal intent itself, and thus, it is inevitable to prove it by means of proving indirect or circumstantial facts related to the criminal intent, and what constitutes the relevant indirect or circumstantial facts in this context should be determined by a method of reasonably determining the link of facts with the close observation or analysis force based on normal empirical rule (see, e.g., Supreme Court Decision 2016Do15470, Jan. 12, 2017).

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