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(영문) 서울남부지방법원 2020.01.22 2018고단6211
보험사기방지특별법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant intentionally caused a traffic accident by means of the method of intentionally facing one’s body on the side roads, crosswalks, India, etc. of a motor vehicle in which a house is driven and passed, and then, he thought that a traffic accident occurred due to the negligence of an unspecified number of drivers, resulting in the injury, thereby receiving insurance proceeds from an insurance company that is the victim.

At around 14:10 on April 26, 2018, the Defendant discovered that the Defendant had followed the ckne part of the Defendant’s knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

The Defendant, at that place, had B receive insurance from the Victim D Co., Ltd., and received KRW 1,223,930 as medical expenses from the victim, from January 28, 2015 to October 04:35, 2015, as stated in the list of crimes (1), and the list of crimes (2) as stated in the list of crimes (1) from around 15:55 on January 28, 2015 to October 12, 2018, each of the above methods received KRW 13,784,070 in total from the victim insurance company as medical expenses and the agreed amount.

Accordingly, the defendant, by deceiving victims, received property, and acquired insurance money by insurance fraud.

Summary of Evidence

1. Each statement by the witness E, F, G, H, I, B, and J;

1. Bluebbbs CD images;

1. Details of each insurance accident, and details of payment of insurance proceeds;

1. Application of Acts and subordinate statutes, such as documents related to insurance proceeds;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Act on the Prevention of Insurance Fraud, Article 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Imprisonment;

1. Determination as to the Defendant and the defense counsel’s assertion among concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Each traffic accident stated in the facts constituting the crime in the judgment of the gist of the assertion is only by chance and not by intention of the defendant.

2...

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