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(영문) 서울중앙지방법원 2017.10.19 2017고단5926
보험사기방지특별법위반
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A as the owner of CW3 car, A is one limited automobile insurance policyholder (Defendant) of Samsung T&M insurance (State), and Defendant B is a person who lent the said car from Defendant A.

Defendant

B around 07:00 on February 15, 2017, around 07:0, 2017, while driving the said new SM3 car on the front of the exit-ro 8, 201, J. 9 cars of D driving.

Since then, Defendant B made Defendant B to go to the hospital, informed Defendant A of the fact of the accident by telephone, and asked Defendant A to go to the F amusement shop in the vicinity of his work, and then Defendant A asked Defendant A to go to “I would like to go to the insurance handling.” Defendant A, at the above amusement shop around 09:06 on the same day, received false information as Defendant A sent a phone to the victim Samsung T&M 3 car at the call center in the victim Samsung T&M disaster insurance (owner) on the same day.

However, the fact was that Defendant B was driving, and the accident was not caused by Defendant A.

As such, the Defendants conspired in collusion, by deceiving the victim Samsung T&T insurance (ju), and then, the victim received the above insurance money by delivering the sum of 36,492,320 won to D in terms of medical expenses, vehicle repair expenses, and agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Details on the payment of insurance proceeds, details of accidents, and agenda points;

1. Application of Acts and subordinate statutes on recording;

1. Relevant Article of the Act on Criminal Facts, Article 8 of the Special Act on the Prevention of Fraud of Insurance in the Selection of Punishment, and Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of each criminal case ordering provisional payment is not good, and Defendant A has been punished several times, and Defendant B committed the instant crime during the suspended execution period.

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