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(영문) 의정부지방법원 고양지원 2018.06.08 2018고정376
보험사기방지특별법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A around 10:35 on September 10, 2017, at the D parking lot located in Pakistan, around 10:35 on September 10, 2017, at the D parking lot, while he was carrying E and driving the Fpoter cargo vehicle, he shocked the part of Hpool G's lab and the part of the lab, which he was driving by Mpool G, as the part after the driver's seat of the said Poter.

On September 10, 2017, at the above parking lot around 11:30 on September 10, 2017, Defendants reported to the person in charge of victim DB non-life insurance Co., Ltd., who was dispatched to the site after having received traffic accidents, that they were injured by the said accident while on board the said vehicle Non-Party B, and requested a substitute compensation.

On September 15, 2017, Defendant B continued to receive medical treatment from the Han-gu Council member located in Pakistan-si, and had the person in charge of the hospital claim for the payment of medical expenses to the victim company.

However, in fact, Defendant B did not board the above vehicle at the time of the accident and did not suffer an injury due to the accident.

From September 20, 2017, the Defendants deceptioned the above I and received KRW 700,000 from the injured party, 70,000 from Defendant B, in the name of a traffic accident agreement with Defendant B.

Accordingly, Defendant B acquired insurance money by insurance fraud, and Defendant A acquired insurance money to the above B.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes concerning insurance records and matters subject to accident receipt;

1. Defendants: Article 8 of the Special Act on the Prevention of Fraud by Insurance, Article 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: In light of the effect of the insurance fraud for sentencing of Article 334(1) of the Criminal Procedure Act upon the majority of the insurers acting in good faith and the society, the crime of this case is deemed to be inferior to the nature of the crime.

However, the amount of insurance money acquired through the instant crime is relatively small, and the above is the same.

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