CONTENTS
- 1. The Client Who Requested a Consultation With Our Jeju Attorney
- 2. A Defense Strategy Presented Through the Jeju Attorney Consultation
- - Jeju Attorney Consultation: Dashcam Footage and a Recorded Call Submitted as Evidence
- - Jeju Attorney Consultation: Arguing the Absence of Evidence of Taking Insurance Proceeds
- 3. Result of the Jeju Attorney Consultation: a No-Referral Decision for Insufficient Evidence
1. The Client Who Requested a Consultation With Our Jeju Attorney
The client who sought help through a consultation with our Jeju attorney had been reported by an insurance company on a charge of insurance fraud arising from frequent traffic accidents.
As a victim of the traffic accidents, the client decided to seek a consultation in order to respond to the insurance company's unfair report, and so he came to Daeryun's 🔗Jeju office.
Our Jeju Attorney Explains the Level of Punishment for Insurance Fraud
Our Jeju attorney will explain the definition of and punishment for insurance fraud.
Insurance fraud : refers to conduct intended to wrongfully obtain insurance proceeds. It is carried out by methods such as stating false facts or claiming an accident that did not actually occur.
-False claim: claiming insurance proceeds for a nonexistent accident or loss
-Excessive claim: claiming an amount greater than the loss that actually occurred
-Inducement of unlawful accidents: intentionally causing an accident to receive insurance proceeds
-Intentional injury: claiming insurance proceeds after sustaining an injury in an abnormal manner
-Multiple insurance fraud: claiming insurance proceeds from several insurers for the same accident
Criminal Act Article 347 (Fraud)
① A person who deceives another and thereby takes property or obtains a pecuniary advantage shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
② The preceding paragraph shall also apply where a person, by the method described in the preceding paragraph, causes a third party to take property or to obtain a pecuniary advantage.
Special Act on Prevention of Insurance Fraud Article 8 (Insurance Fraud)
① A person who falls under any of the following shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 50 million won.
1. A person who, through an act of insurance fraud, takes insurance proceeds or causes a third party to take insurance proceeds
2. A person who, in violation of Article 5-2, arranges, induces, solicits, or advertises an act of insurance fraud
② In the case of paragraph (1), subparagraph 1, imprisonment and a fine may be imposed concurrently.
2. A Defense Strategy Presented Through the Jeju Attorney Consultation
Through a thorough consultation, our Jeju attorney collected and presented evidence for the client's defense.
Jeju Attorney Consultation: Dashcam Footage and a Recorded Call Submitted as Evidence
The insurance company reported the client for insurance fraud on the ground that the client had recently suffered a series of similar traffic accidents and had received insurance proceeds for them.
Through the Jeju attorney consultation, the client submitted the dashcam footage and recorded call from the day of the incident as evidence.
The dashcam footage showed the client spotting the car ahead changing lanes without signaling and sounding the horn several times.
In addition, the client was on the phone with an acquaintance at the time of the accident, and through matters such as the client's flustered manner at the time of the accident captured in that recorded call, the client wholly denied the alleged fact that he had intentionally caused an accident to commit insurance fraud.
Jeju Attorney Consultation: Arguing the Absence of Evidence of Taking Insurance Proceeds
Our Jeju attorney pointed out that the insurance company had simply filed the report on the sole ground of ‘a series of recent traffic accidents of a similar type.’
There was no evidence whatsoever that the client had intentionally caused an accident in order to take insurance proceeds.
Daeryun's Jeju attorney emphasized that the client was, unfortunately, a victim who had recently suffered a series of traffic accidents.
3. Result of the Jeju Attorney Consultation: a No-Referral Decision for Insufficient Evidence
As a result of the assistance of Daeryun's Jeju attorney, the client was able to receive a no-referral decision on the charge of violating the Special Act on Prevention of Insurance Fraud, on the ground of insufficient evidence.
If You Need an Attorney Consultation Regarding Insurance Fraud
In the case of insurance fraud, the Special Act on Prevention of Insurance Fraud applies separately from the crime of fraud under the Criminal Act, and so a heavier punishment may be imposed.
As with the client in the case above, if you are in an unjust situation, you should present legal evidence through a consultation with an experienced attorney in order to establish your innocence.
Daeryun Law Firm offers consultations throughout the year, and it operates offices in many locations so that it can provide assistance close to where clients are.
If you need an attorney consultation in a situation such as the above, please visit the office of our Jeju attorney at Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
