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(영문) 서울동부지방법원 2020.01.20 2019고단3526 (1)
보험사기방지특별법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 8, 2018, the Defendant: (a) conspiredd with B to obtain insurance proceeds by fraudulent receipt of insurance proceeds; (b) around 00:06, the Defendant received the insurance accident from the Defendant’s call center in the victim C Co., Ltd.; and (c) “Around September 22:40, 2018, the Defendant received the EXW car (Defendant B’s car) that was parked rapidly during the right-hand phase by driving the D AW car on a narrow alley path located in the pyo-dong, Manam-gu, Sungnam-gu, Sungnam-gu, and due to the mistake of X-gu during the right-hand phase.”

However, in fact, in order for B to obtain insurance money, it is only a driver of the defendant's hurfed car to receive his DomW car, and there was no negligent traffic accident such as the contents of the above insurance accident.

The Defendant, as above, by deceiving the victim company, received from the victim company the remittance of KRW 4,00,000 from the victim company to the F account in the name of B as the repair cost for vehicles, around September 13, 2018.

Summary of Evidence

1. Each legal statement of the Defendant and Co-Defendant B

1. Each prosecutor's protocol of examination of co-defendant B;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Taking into account the circumstances leading and repeated crimes committed by B on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant’s participation in the crime of this case, taking into account the circumstances leading to the Defendant’s participation and the amount of damage caused by the instant crime, and being agreed and contradictory.

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