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(영문) 부산지방법원 서부지원 2019.07.18 2018고정821
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 21:30 on May 19, 2017, the Defendant was seated along with E at the front seat of the Defendant’s D SP car parking lot located in Kimhae-si, Kim Jong-si, and the G Coin driven by F, which was driven by F, to park in front of the above SP car immediately before the parking zone, was faced with an accident where the rear part of the car was driven by F, which was driven by F, was shocking the front part of the above SP car.

Despite the fact that the shock caused by the foregoing traffic accident was insignificant and there was no injury to the extent of receiving hospitalized treatment, the Defendant received hospitalized treatment from May 26, 2017 to June 2, 2017 at the I oriental medical hospital located in the Busan Dong-gu, and from June 3, 2017 to June 9, 2017, at the I oriental medical hospital located in the city of Busan, and from Jun. 3, 2017 to the KIK located in the city of Kimhae-si, and claimed insurance proceeds equivalent to the above medical treatment costs and repair costs.

Around June 9, 2017, the Defendant, by deceiving the victim as above, received KRW 1,80,000 from the victim under the pretext of agreement, and around July 27, 2017, paid KRW 432,830 for medical expenses, and paid KRW 772,110 for medical expenses to the I Oriental Medical Center, respectively, around August 3, 2017.

Accordingly, the defendant acquired insurance money by insurance fraud.

Summary of Evidence

1. The recording of statements by witnesses M in the second protocol of trial;

1. Legal statement of witness F;

1. A traffic accident analysis statement, vehicle photograph, statement of calculation of agreed amount, written confirmation of compensation for insurance proceeds, and defense counsel asserted that the defendant merely obtained hospitalization by suffering actual injury due to the instant traffic accident, but the defendant demanded only KRW 400,000 of the repair cost of the vehicle by telephone to F on the day following the accident, which can be recognized by each of the above evidence, and that the defendant was a co-defendant on May 25, 2017 when six days after the accident occurred.

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