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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
[2019 Highest 4275] The Defendant intentionally paid a traffic accident along with the pro-dong and the dong-ray, and conspired to collect medical expenses, agreed money, etc. from the insurance company, etc. to which the driver of the other party was enrolled, even though the accident was insignificant and there was no need for hospitalized treatment.
1. On October 23, 2014, the Defendant intentionally caused a traffic accident with B and C, and conspired to receive insurance proceeds from the victimized company, which is an insurance company. On October 23, 2014, the Defendant intentionally shocked the arms parts of B and C, which the Defendant was driving in the vicinity of the B and C B, which walked from the D, Seocheon-dong C, Bupyeong-gu, Incheon, Seocheon-gu, Incheon, with a chiller, and caused a traffic accident, the Defendant received the accident from the victim E, and received the medical treatment from the Bupyeong-gu F Hospital.
However, the above traffic accident was an intentional accident, and the B and C did not have any different fact.
Nevertheless, the Defendant, in collusion with B and C, by deceiving the said victimized company as above, received KRW 1,536,060 from October 27, 2014 to November 26, 2014 as agreed money, treatment expenses, etc. from the said victimized company, and received KRW 1,536,060 from the said victimized company, and received it. From March 1, 2013 to August 16, 2016, the Defendant intentionally caused a traffic accident between around August 16, 2016 (the payment date: the payment date of insurance money: August 17, 2016 to September 27, 2016), and subsequently, received KRW 4,920,80 from the victimized company twice in total, and subsequently received KRW 4,920,80 from the victimized company and attempted to receive insurance money from the victimized company twice as stated in attached Tables 1 and 3. However, the Defendant refused to pay the insurance money by making a false report.
2. The Defendant in violation of the Special Act on Insurance Fraud Prevention shall intentionally cause a traffic accident with G, H and I, and shall receive insurance proceeds from the damaged company, which is an insurance company.