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(영문) 창원지방법원 2019.10.18 2019고단1713
보험사기방지특별법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

Defendant

B On August 19, 2018, the Busan District Court rendered a suspended sentence of two years on September 28, 2018 due to a violation of the Road Traffic Act (unlicensed Driving) or a violation of the Act on the Control of Narcotics, Etc. (fence) by imprisonment with prison labor for one year, which became final and conclusive on September 28, 2018.

Defendants are de facto people in a de facto marital relationship, and Defendant A is a person who leases C Launa car.

1. On February 17, 2019, the Defendant: (a) 22:26 on February 17, 2019, the Defendant: (b) driven the said rocketing car on the road outside of the main shop while driving the said rocketing car without obtaining a driver’s license; and (c) came to know of the shocking of the FK7 car parked on the said road; (d) the Defendant stated that B would be punished for driving without a driver’s license; (e) the police officer and the owner of the said K7 car dispatched to the relevant site as if he/she caused the accident by driving the said rocketing car; and (e) the Defendant received the insurance accident by falsely making it possible for H, an insurance company that was a member of the said rocketing car, to drive the said rocketing car while driving the said rocketing car on the road outside the main shop.

Accordingly, the Defendant had the insurer escape from B who committed a crime corresponding to a fine or heavier punishment, and could not claim one million won for exemption from driving without obtaining a license by deceiving the insurer with respect to the occurrence, cause, or content of the occurrence of the insurance accident, and attempted to pay the above K7 car to the vehicle maintenance enterprise totaling KRW 1,113,616, such as the repair cost and part cost of the said K7 car, but the crime was discovered by the occurrence of the above crime and the fact of receiving a false insurance was not discovered, thereby making it impossible to realize such intent.

2. On February 17, 2019, Defendant B, without obtaining a driver’s license, driven the said rocketing car at a section of about 50 meters from the front of the J Hospital parking lot located in the Changwon-si, Changwon-si, to the front of the E cafeteria located in D.

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