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(영문) 부산지방법원 서부지원 2019.02.19 2018고정218
보험사기방지특별법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendants, C, and D conspired with each other to intentionally take traffic accidents by using C’s vehicle and A’s vehicle, and obtain vehicle repair expenses and agreed money, and C will act as an offender by illegally suppering with ENAS suppets owned by their mother and as an ENAW 520D vehicle owned by the Defendant, and Defendant A was in a position to receive an accident to the insurance company. Defendant A was in a FMW 520d vehicle owned by the Defendant, Defendant B was on board, and was in a normal position with C’s vehicle and intentionally caused an accident, and was destroyed by the damaged vehicle and received vehicle repair expenses and agreed money from the insurance company.

Defendants, C, and D are subject to such a conspiracy.

On February 18, 2017, around 01:15, Defendant A was on the street in front of the HMotor Vehicle Maintenance Station located in Busan YY G, and Defendant B was on board the FMW 520D vehicle, and C intentionally shocked the FMW 520d vehicle, which is directly engaged in an illegal towing of the ENS vehicle, and then received insurance from the International Co., Ltd. (hereinafter referred to as “I”) as if the traffic accident occurred due to negligence.

Defendants, C, and D, as seen above, deceiving the damaged insurance company, received KRW 7,200,00 from I as agreed money, and demanded KRW 40,000,00 for automobile repair expenses, but did not reach an attempted attempt due to the refusal of payment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J, K and L;

1. Part of the witness C’s legal statement;

1. Each protocol of police interrogation of some police officers against A, B, and C;

1. The police statement of M;

1. Each internal investigation report and each investigation report;

1. Payment details of insurance proceeds, telephone details on the day of the accident, and application of the recorded CD-related statutes;

1. Defendants of the relevant law on criminal facts: Articles 10 and 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, and selection of fines

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

1. Defendants of the provisional payment order.

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