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(영문) 대전지방법원 2020.11.26 2020고단2405
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant’s sole criminal conduct (Violation of the Special Act on Prevention of Fraud) committed an accident in the manner that the Defendant, who is engaged in the business of delivering the insurance proceeds to the Kwikseter for delivery, is driving the Otoba, and there is a vehicle moving from the front side while driving the Otoba, caused the accident by the following vehicle of the Otoba without avoiding the latter vehicle, and received the insurance proceeds by allowing the other insurance company to receive the accident from the other insurance company.

At around 20:00 on July 12, 2019, the Defendant: (a) while driving the Ortoba in front of the Seo-gu Daejeon building, Seo-gu, Daejeon: (b) discovered that D used an emergency, etc. to drive the Orabab in order to park on an on-road parking lot while driving the Orabab; (c) caused D to receive insurance from the F insurance company, the victim, as if the accident occurred due to D’s negligence.

Around July 16, 2019, the Defendant, by deceiving the victim as above, received total of KRW 1,973,00,000 from the victim, including the amount of KRW 990,00,00, and had the victim pay KRW 110,460 for medical expenses to G Hospital. From February 8, 2018 to August 21, 2019, the Defendant either received KRW 32,308,664 in total on 17 occasions as shown in the annexed list of crimes from February 8, 2018 to August 21, 2019.

Accordingly, the defendant acquired insurance money by an insurance fraud act or acquired insurance money from a third party.

2. The Defendant and H’s joint criminal conduct [Violation of the Special Act on Prevention of Fraud] around April 27, 2019: (a) around 15:10 on April 27, 2019, the Defendant was faced with the J-owned K 1 ton Ⅱ Pool, which was driven by H, while driving in the front of Mat, in which it is difficult to identify the trade name on the alleyway in which the Seo-gu Change Housing in Daejeon is on the alleyway.

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