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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Although there was no traffic accident that could actually claim insurance money, the Defendants divided the roles of sea-going vehicles and damaged vehicles into false insurance and conspired Defendant B to receive insurance money after receiving false insurance money. On April 24, 2010, Defendant A, around 13:15, 2010, at around 20:30 on April 23, 2010, 3, Won-ro, Yongsan-gu, Seoul, driving a CEX car at the top of the PHE under the PP, while driving the CEX car at the top of the PHE, there was an accident that the above Orababa caused the collision with the DOba driven by Defendant B.
‘A false report on an insured incident' was made.
Therefore, Defendant B was hospitalized in Yongsan-gu Seoul E Hospital, and filed a claim for insurance money as if the victim actually suffered injury due to the occurrence of an accident, and Defendant B received total of KRW 42,845,310 from May 27, 2010 to February 23, 2011, as shown in the table of sight, for agreed money and medical expenses, etc. as shown in the attached Table.
As a result, the Defendants conspired to buy the above insurance money by deceiving the victim's limited liability insurance policy (state).
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The suspect interrogation protocol of the police as to B;
1. A written statement;
1. Application of Acts and subordinate statutes to submit data following search, seizure and verification warrants;
1. Article 347 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act (which has no record of criminal punishment exceeding the same kind of power or fine) shall be suspended from execution;
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;