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(영문) 의정부지방법원 고양지원 2019.10.24 2019고단1388
보험사기방지특별법위반
Text

Defendant

A and B shall be punished by imprisonment for eight months and by imprisonment for four months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On November 11, 2017, Defendant A and Defendant B offered a proposal that, by telephone, Defendant B would be able to receive medical treatment from Defendant B by means of a telephone at an insular site, that “she would have been able to claim insurance money in front of the traffic accident. I would like to say that four million won would have to be paid to B, and that he would not be able to receive insurance treatment even if he would be able to receive insurance treatment, and that he would have to pay to B, and that the Defendants would have attempted to claim insurance money in front of the traffic accident.” After Defendant B consented, the Defendants conspired to claim insurance money in front of the traffic accident.

Accordingly, at around November 11, 2017, Defendant B filed a false report stating that “A, while driving a car in Fi30 driver’s name with yellow light signal near the apartment complex at around 20:00 on November 11, 2017, he/she conflicts with A driving a car in Fi30 under the new name while driving the car.”

However, on November 11, 2017, Defendant A was in operation of the Oratoba on the part of November 11, 2017, and it was only the mixed, but there was no traffic accident such as the content of the accident received by Defendant B.

As above, the Defendants, by deceiving the victim with respect to the occurrence, cause, or content of the insured events, received KRW 13,00,000 from the victim as agreed money on February 13, 2018; from December 14, 2017 to March 2, 2018, through obtaining KRW 5,961,030 in the name of the medical expenses for G Hospital, etc. from December 14, 2017; and from November 23, 2017 to February 26, 2018, acquired the amount of KRW 2,267,00 in the name of automobile repair expenses, such as having the victim pay KRW 21,228,00 in the form of automobile repair expenses.

2. Defendant C’s co-principal committed the following acts: (a) the delivery date of the Defendants came beyond the mixed body while the delivery date was made; (b) Defendant A attempted to receive vehicle accidents; (c) Defendant A attempted to receive the vehicle accidents; and (d) provided that the fluent and accident occurred, the insurance proceeds will be the same.

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