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(영문) 대구지방법원 2018.02.23 2017고단6613
보험사기방지특별법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall acquire insurance proceeds by means of insurance fraud, or have a third party acquire insurance proceeds.

The Defendant, as the representative of the Crenca in Daegu Southern-gu, is the actual owner of Dentsts S350 Bllifec 4Mic Lats.

On August 20, 2017, the Defendant intentionally omitted the said vehicle at a luminous reservoir located in the 489 academic Cheongdo-ri, Cheongbuk-do-gun, Cheongbuk-do-do-do-U.S. on August 13:40.

Since then, the Defendant entered the above vehicle into the reservoir on the hand due to the driving of a stroke, and caused an accident, and as such, the Defendant received the insurance from the employee of the Victim's Republic of Korea Lice Mutual Aid Association on the same day as the said vehicle was damaged by the total loss.

However, the defendant did not have the right to receive insurance money because he intentionally causes an accident.

Defendant deceiving the employees of the victimized company as above and attempted to receive KRW 88,650,00 from the victimized company as insurance money, but the investigation was conducted due to the request of the victimized company for investigation, the Defendant did not submit a written waiver of the claim to the victimized company on October 26 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written request for an investigation, details of transactions, receipt of accidents, each site photograph, and a survey report on the actual situation;

1. On-site reports, internal investigation reports, confirmation reports, internal investigation reports, internal investigation reports, internal investigation reports (Korean currency of a vehicle structure engineer), internal investigation reports, and analysis reports;

1. Application of Acts and subordinate statutes to detailed statements for computing the value of vehicles;

1. Articles 10 and 8 of the Act on Special Cases concerning the Prevention of Frauds by the relevant legal provisions concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the crime is not good, that the crime is committed with an attempted crime, that the defendant is against the attempted crime, and that the defendant is the defendant.

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