I want to defend against charges of violating the Special Act on Prevention of Insurance Fraud.

Hello. I am a Cheonan attorney at Daeryun Law LLC.

We imagine you must be very worried about being investigated on charges of violating the Special Act on Prevention of Insurance Fraud.

If you claimed insurance proceeds due to accidents that occur frequently while working as a delivery driver, it seems the insurance company grew suspicious and filed a complaint on charges of insurance proceeds fraud.

In the case of a violation of the Special Act on Prevention of Insurance Fraud, according to Article 8, one may be subject to imprisonment for up to 10 years or a fine not exceeding 50 million won.

In particular, where one intentionally causes an accident and improperly receives insurance proceeds, one may be punished for the crime of fraud.

However, the absence of intent becomes an important issue.

If the accidents were a series of accidents that occurred by chance, and you can prove that there was no intent in the accidents themselves, there is a strong likelihood of clearing the charges.

In addition, if the insurance amount is not large or there is no evidence that the accident was intentionally caused, criminal liability can be avoided.

How to respond

① Proving the circumstances of the accident : You must prepare materials or evidence that can prove the accident occurred by chance.
e.g., securing photos capturing the situation at the time of the accident, witness statements, and the like

② Proving the insurance company's deliberate intent : There may be cases in which the insurance company's reason for deliberately alleging insurance proceeds fraud is unclear, or in which it suspects an excessive payout. You must be able to analyze these points accurately and rebut them.

③ Getting help from an attorney : It is important to obtain the help of an attorney from the financial legal affairs group or an attorney specializing in insurance.

Ultimately, to clear charges of insurance fraud, the key is to prepare well the accidental nature of the accident, the absence of intent, and the relevant evidence.

If you have questions about the legal procedures, please request a consultation with a Cheonan attorney at any time.