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(영문) 부산지방법원 2019.06.12 2019고단159
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2018, the defendant was sentenced to a suspended sentence of two years for a violation of the Special Act on Insurance Fraud Prevention at the Busan District Court on September 13, 2018.

The Defendant conspired with B, C, D, E, F, etc. to cause a traffic accident, and conspired to receive an accident from an insurance company by pretending that a traffic accident occurred due to negligence, and to receive insurance money.

B, around November 18, 2017, around 18:35, 2017, driving GJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Since the defendant suggested F to claim insurance money on behalf of F, F did not board the above vehicle in accordance with the above defendant's proposal, F received medical treatment at the hospital and claimed insurance money in the name of F.

Accordingly, the Defendant, in collusion with B, C, D, E, and F, by deceiving the victim as above, and received total of KRW 764,010 from the above victim for the purpose of treatment expenses, etc. from the above victim. From around that time to February 9, 2018, the Defendant received insurance money equivalent to KRW 30,296,100 in total from the victim insurance companies in the same manner as shown in the attached crime list in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of suspect interrogation of the police as to K, B, L, M, N,O, P, Q, Q, R, S, T, U,V, and W;

1. Documents related to the payment of insurance money;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

1. Article 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act, and Article 1.

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