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(영문) 서울남부지방법원 2019.09.27 2019고단3947
보험사기방지특별법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A and Defendant B are married couple, and Defendant C is the mother of Defendant A, Defendant D is the live-in partner of Defendant C, Defendant D and Defendant C.

The Defendants conspired with Defendant F, G, etc., Defendant A’s will to obtain insurance proceeds from a motor vehicle insurance company after intentionally causing a motor vehicle accident.

1. No person who commits a joint crime with Defendant A, Defendant B, Defendant C, Defendant D, other E, G, or F shall commit an insurance fraud, or have a third party acquire insurance proceeds.

Defendants are recruited as above, and around 21:00 on April 10, 2019, Defendant B, the above G, and F are on the roads near the stable park located in Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon. Defendant A driven the above car, and Defendant A was driving the said car, and the above E intentionally caused contact with the said car by driving the I car 2 on the I car owned by Defendant D.

Defendant

D On April 11, 2019, after hearing the fact of the contact accident from Defendant C, the insured, even though he was not able to drive the said car, he was asked to ask for the receipt of the insurance as if he was negligent in driving the said vehicle while driving the said vehicle, and then received a false accident from the public official in charge of the fact-finding under the victim J's name on the same day.

As above, the Defendants deceptioned a staff member in charge of the victim’s name in charge of the medical treatment on April 11, 2019; Defendant A was paid KRW 500,000,000 in the name of the vehicle repair expenses around April 12, 2019; Defendant B was paid KRW 500,000 in the name of the medical treatment expenses around April 11, 2019; Defendant B was paid KRW 1,276,420 in the name of the medical treatment expenses around May 27, 2019; and F was paid KRW 1,196,40 in the name of the medical treatment expenses around May 22, 2019.

Accordingly, the Defendants committed insurance fraud in collusion with E, etc. with the victim.

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