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(영문) 수원지방법원 안산지원 2018.02.27 2018고단64
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 8, 2017, the Defendant found that a vehicle with C investment vehicle driven by B from one side to one side of the Korean bank surrounding the Hanban-dong at the time of light lighting around May 17:10, 2017, and caused a traffic accident by intentionally approaching the above vehicle to the right side of the vehicle.

Nevertheless, the Defendant, who pretended to be injured due to an accident, had the driver of the vehicle B receive insurance from the victim Hansung Non-Life Insurance Co., Ltd. on May 8, 2017, and received KRW 700,000 from the above victim company to the account of the National Bank in the name of the Defendant (D) under the pretext of agreement around May 8, 2017. On June 30, 2017, paid KRW 215,220 to the account of the National Bank in the name of E (F) in the name of medical treatment expenses, as well as acquired KRW 8,071,260 from the above date to July 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each insurance document statute;

1. Relevant Article of the Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Fraud in the Selection of Punishments;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the crime of this case is deemed to be bad in the nature of the crime, the damage was not recovered, while the defendant appears to have an attitude against the defendant, the damage to the victim Korean-style non-life insurance company is restored, the damage to the victim is agreed with the above victim, there is no record of punishment exceeding the fine, and other conditions of all the sentencing recorded in the records, such as the defendant's age, occupation, sex, environment, circumstances before and after the crime of this case, etc.

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