logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.19 2020고단6215 (1)
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant, B, C, etc.: (a) had become aware of the fact of traffic accidents at the “E” delivery agency in Osan City; and (b) had attempted to divide the amount of insurance proceeds by filing a false report to the insurance agency as if the traffic accidents involving E-wheeled Motor Vehicles were not caused, or by filing a false report as if the accident involving E-wheeled Motor Vehicles was an accident that could be applied differently from the details of the accident that could not be compensated.

1. B around June 7, 2019, the Plaintiff filed a false accident report with the F Co., Ltd. on the following purport: “On June 6, 2019, on the alley-dong A, Osan-si, Osan-si, an Osan-si, and claimed insurance proceeds.”

The defendant and B, as mentioned above, deceiving the victim, and they received 821,090 won of insurance money from the victim under the pretext of the agreement, etc. of the defendant around that time, and acquired it by fraud.

2. On June 26, 2019, C filed a false accident report with G Co., Ltd. stating that “A’s two-wheeled vehicle was in excess of A’s play from among the left-hand turn on the way of the U.S. and U.S. general traffic on June 26, 2019,” and filed an insurance claim against G Co., Ltd.

The Defendant and C, as above, deceiving the victim, received 440,000 won of insurance money from the victim under the pretext of the agreement, etc. of the defendant around that time, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Accident details;

1. Details of the payment of insurance proceeds of the second accident, current status of the payment of insurance proceeds, etc.;

1. Application of Acts and subordinate statutes, such as the details of payment of insurance proceeds of accident No. 3 and the receipt of automobile compensation;

1. Article 8 and Article 30 of the Special Act on the Prevention of Fraud by Insurance, and Selection of Fines, concerning facts constituting a crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

arrow