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Fraud
FraudSuspended Sentence

Gunsan Law Firm Assistance | Insurance Fraud Client Receives a 'Suspended Sentence' With the Help of a Gunsan Insurance Attorney

The client was implicated in a crime of fraud and came to a Gunsan insurance attorney.

1. The Client

The client conspired with the defendants and obtained insurance proceeds through insurance fraud.

Seeking to avoid a severe punishment, the client consulted with a Gunsan insurance attorney.

The Circumstances of the Case as Identified by the Gunsan Insurance Attorney

The client conspired with the defendants to commit insurance fraud and to receive settlement money.

On the day of the incident, the client was driving a passenger car carrying the defendants and deliberately rammed another vehicle, causing an accident.

They pretended that the traffic accident had occurred through negligence and reported the accident, then contacted an insurance company employee to negotiate the settlement money.

In this way, the client and the defendants deceived the victim's responsible employee and obtained insurance proceeds.

The nature of the offense was serious, and it caused substantial loss, so the client was in a situation where it was difficult to avoid a severe punishment.

To reduce the sentence as much as possible, the client requested the assistance of a Gunsan insurance attorney.

2. Statutes Related to the Case, Explained by the Gunsan Law Firm

■ Statutes Related to Insurance Fraud

Article 1 (Purpose)
The purpose of this Act is to protect the rights and interests of policyholders, the insured, and other interested parties, and to contribute to the sound development of the insurance business and the improvement of public welfare, by prescribing matters concerning the investigation, prevention, and punishment of insurance fraud.

Article 2 (Definitions)
The terms used in this Act are defined as follows.

1. "Insurance fraud" means the act of deceiving an insurer as to the occurrence, cause, or content of an insured event and claiming insurance proceeds.

2. "Insurance company" means a person who operates an insurance business with authorization under Article 4 of the Insurance Business Act.

Article 4 (Reporting of Insurance Fraud, etc.)

If there are reasonable grounds to suspect that an act of a policyholder, the insured, a person who is to obtain insurance proceeds, or another person who has an interest in the insurance contract or the payment of insurance proceeds (hereinafter referred to as a "policyholder, etc.") constitutes insurance fraud, the insurance company may report it to the Financial Services Commission.

Article 5-2 (Prohibition of Arranging, Soliciting, etc. Insurance Fraud)
No person shall arrange, induce, solicit, or advertise insurance fraud.

Article 8 (Insurance Fraud)
(1) A person falling under any of the following items 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 insurance fraud, obtains insurance proceeds or has a third party obtain insurance proceeds

2. A person who, in violation of Article 5-2, arranges, induces, solicits, or advertises insurance fraud

(2) In the case of item 1 of paragraph (1), imprisonment and a fine may be imposed concurrently.

3. The Assistance Provided by the Gunsan Law Firm

The Gunsan law firm devised a careful strategy to reduce the client's sentence as much as possible. The Gunsan law firm made the following arguments.

Gunsan Insurance Attorney Argues That the Client Showed Remorse

The Gunsan insurance attorney argued that, from the very first investigation by the investigative authorities, the client confessed to the entire insurance fraud and showed an attitude of remorse, and that the client deeply felt responsible for the offense and wrote a letter of apology.

Gunsan Insurance Attorney Argues That the Client Is Responsible for a Dependent

The Gunsan insurance attorney argued that the client committed the offense in order to provide living expenses for the client's mother, who had divorced the client's father, and that the client alone continues to support the mother to this day.

Gunsan Insurance Attorney Argues That the Client's Family Is Pleading for Leniency

The Gunsan insurance attorney argued that the client's mother pledged to actively help ensure that the client would never again become involved in unlawful activities, and that she earnestly appealed for leniency toward the client.

4. The Court's Decision on the Gunsan Law Firm's Arguments

The court accepted the Gunsan law firm's arguments and imposed a 'suspended sentence'.

If You Need the Help of a Gunsan Insurance Attorney

At Daeryun Law Firm, attorneys who handle criminal cases jointly take charge of criminal matters, allowing the firm to respond to criminal cases in a focused manner.

The firm also resolves cases on the basis of numerous case results.

If you need the assistance of an attorney, please reach out to Daeryun Law Firm, which is available for consultation and urgent response 24 hours a day, 365 days a year.

▼ Implicated in a crime of fraud?

How to respond to fraud charges?

군산법무법인 조력 | 보험사기 의뢰인, 군산법무법인 조력으로 ‘집행유예’

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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