Violation of the Special Act on Prevention of Insurance Fraud | Non-Prosecution Despite Facing Punishment for Insurance Fraud

This is the story of a client who sought the assistance of a specialized attorney, stating that he was suspected of violating the Special Act on Prevention of Insurance Fraud.

The client said that on the day of the incident he had driven his own vehicle for an hour to conduct a secondhand transaction.

However, around the time he arrived at the meeting place for the secondhand transaction, the person who had said he would buy the client's item closed his account and disappeared.

Upset by this, the client searched for a nearby cafe on his navigation system in order to calm down and return home.

As he was driving straight ahead with insufficient attention to the road, he belatedly noticed the other vehicle coming from the front and immediately applied the brake, but by mistake he pressed the accelerator, and this traffic accident occurred.

The Special Act on Prevention of Insurance Fraud is a statute that sets out matters concerning the investigation, prevention, and punishment of insurance fraud.

Under the Special Act on Prevention of Insurance Fraud, the act of claiming insurance proceeds by deceiving the insurer as to the occurrence, cause, or content of an insured event is deemed an act of insurance fraud and becomes subject to punishment.

🔗Insurance fraud may give rise to a charge of violation of the Special Act on Prevention of Insurance Fraud, punishable by imprisonment for not more than 10 years or a fine not exceeding 50 million won.

In the case of a habitual offender, the punishment may be aggravated up to imprisonment for not more than 15 years or a fine not exceeding 75 million won.

In addition, an attempt is also subject to punishment, so caution is required.

Moreover, where the value of the insurance proceeds obtained through insurance fraud is 500 million won or more but less than 5 billion won, imprisonment for a definite term of at least 3 years applies, and where it is 5 billion won or more, the punishment is aggravated to life imprisonment or imprisonment for at least 5 years

Because a high level of punishment is provided for a violation of the Special Act on Prevention of Insurance Fraud in this way, anyone under suspicion should prepare a response strategy at an early stage.

The specialized attorney provided the following assistance in order to respond to the client’s charge of violating the Special Act on Prevention of Insurance Fraud.

As a result of the specialized attorney's response to the client's charge of violating the Special Act on Prevention of Insurance Fraud, the client was able to conclude the case by receiving a non-prosecution decision from the prosecution.

Although the client had merely caused a traffic accident through simple negligence, the client was unfairly suspected of insurance fraud and faced a situation in which an actual custodial sentence could have been imposed.

However, because a response strategy had been prepared based on the specialized attorney's case-handling data, the case was concluded at the prosecution stage.

In the case of a charge of violating the Special Act on Prevention of Insurance Fraud, it is treated as a crime of poor character and severe punishment is being imposed.

Therefore, if the charge is not true, one should respond quickly by retaining a specialized attorney.

If you make a 🔗legal consultation reservation with this firm, we will work toward a favorable result through a strategy tailored to the client.