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(영문) 부산지방법원 2020.02.10 2019고단5704
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment with prison labor for a maximum term of two months and a short term of one month.

Reasons

Punishment of the crime

The Defendant conspired to acquire the agreed amount from the insurance company after he intentionally caused a vehicle contact accident with B, C, D, E, and then acquired the agreed amount.

As a result, at around 02:30 on October 31, 2018, C colors the subject of the crime in front of the 3rd Dongpo-gu, Busan, and on the road of the 3rd Dongpo-gu, Busan, and on the FJ-purged vehicle, C discovered a H-H taxi of G driving changing the vehicle from the first lane to the second lane, and intentionally causes a traffic accident that shocks the said taxi vehicle with the said half-purged vehicle.

Since then, despite the fact that the defendant et al. did not have any injury due to the above accident, they claimed insurance proceeds from the victim I Co., Ltd. as if the accident occurred due to negligence and the injury was caused by this accident. The defendant et al. received from the victim 1,003,90 won, C 1,492,360 won, C 1,007,960 won, D 1,023,980 won, B 1,023,980 won, and E 950,790 won, total sum of KRW 5,479,080.

Accordingly, the defendant acquired insurance money by insurance fraud in collusion with B, C, D, and E.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol of E, C, B, or D;

1. Application of Acts and subordinate statutes governing the recording of insurance accidents of the I insurer;

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

1. The crime of this case on the ground of sentencing under Articles 2 and 60(1) of the Juvenile Act is a crime of fraud by intentionally causing traffic accidents, and the nature of the crime is not good, the agreement with the insurance company or the damage recovery is not achieved, the defendant has the record of receiving juvenile protective disposition for the same kind of crime, the defendant recognizes his mistake and reflects his depth, the juvenile is a juvenile, the degree of the defendant's participation in the crime is relatively minor and actually acquired profits compared to other accomplices. In addition, the defendant's character, character, environment, family relationship, and motive for the crime.

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