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(영문) 서울동부지방법원 2020.06.23 2020고단1490
보험사기방지특별법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant intentionally caused a traffic accident by means of putting his name into the wheels of the vehicle in close vicinity to the slowly driven vehicle or facing with the rear of the vehicle, etc., and tried to receive insurance money as if he was involved in a traffic accident while walking in normal conditions.

On December 3, 2019, at around 10:15, the Defendant, at the Dongdaemun-gu Seoul Metropolitan Government B building parking lot, accessed Dsch Rexroth 250 cars driven by C, caused a traffic accident intentionally, resulting in C’s occurrence of a traffic accident, and caused C to report the receipt of the accident.

On December 3, 2019, the Defendant deceptioned the victim company and transferred KRW 1,020,000 from the victim company to the F Association account (G) account under the name of the Defendant. On the same day, the Defendant received KRW 179,850 under the name of hospital expenses, and received KRW 179,850 under the name of the H Bank account (I) in the name of the H Bank account under the name of the H Hospital. From around that time to January 16, 2020, by deceiving the victim insurance company, such as the list of crimes in the attached Table, and acquired KRW 6,68,290 under the name of agreement, etc. for eight times in total.

Accordingly, the defendant acquired insurance money by deceiving each insurer on the occurrence, cause, or content of the insurance accident.

Summary of Evidence

1. Defendant's legal statement;

1. J-related documents (personal information on relevant persons, details of accidents, case lists, details of payment of insurance proceeds, etc.);

1. E-related documents (the details of payment of insurance proceeds, the receipt and investigation of accidents, the payment resolution, etc.);

1. K-related documents (the details of the accident, the completion of the accident, and the matters received for the accident);

1. L (accident details, details of payment of insurance proceeds, current status of payment, payment guarantee, etc.);

1. Each police statement of C, M, N, andO;

1. P statement;

1. Application of Acts and subordinate statutes to CCTV images and photographs around the site;

1. Article 8 of the relevant Act on Criminal Facts and Article 8 of the Special Act on the Prevention of Insurance Fraud and Selection of Fines.

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