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If you were arrested for insurance fraud | A lawyer explains the definition and penalty of insurance fraud

Insurance is something that financially protects you and your family in case something happens. However, in recent years there have been many cases of insurance fraud exploitation. This is to extract insurance money for losses that did not actually occur.

Cases of insurance fraud often result in arrests. Lawyers often explain why they are arrested, and what type of behavior constitutes insurance fraud in the first place. And what to do if you are arrested for insurance fraud.

What is insurance fraud?

Insurance fraud is a fraudulent method of fraudulently receiving insurance payments from insurance companies by claiming to be eligible for insurance payments and making false statements.

It can be roughly divided into (1) when an accident, etc. is fabricated from the outset for the purposes of Insurance Fraud money, and (2) an amount greater than the amount of insurance money originally received is paid, assuming an accident, etc., for which insurance money is paid about it. There are instances where false statements are made and exaggerated in order to receive them

For example, as an example of (1), intentionally causing a traffic accident or setting fire to one’s house solely for the purpose of securing money, and defrauding the company of insurance by claiming it was a traffic accident or arson damage. You can also claim the insurance money by falsely claiming that something was stolen while traveling abroad.

As an example of (2), a person who was actually involved in a traffic accident and who went to a hospital or an orthopedic clinic to treat his injuries came to an agreement with the doctor of an acquaintance or the director of an orthopedic clinic to inflate the number of hospital visit days. And he was paid by the insurance company. On the other hand, there is the fact of receiving excessive insurance payments by advertising false medical expenses and hospital visits. Moreover, in the event of real damage caused by a natural disaster, even those who were not actually injured at the time of the accident were also injured at the same time. This also applies to behavior.

Fees and Penalties for Insurance Fraud

Insurance fraud is often mentioned, but this term describes a method or type of fraud, and there is no such crime.

Finally, the name of the proven crime is fraud (article 246 of the penal code).

The same applies to anyone who obtains the advantages of usurpation of property or causes.

The criminal penalty for fraud is a maximum prison term of 10 years. Unlike crimes such as theft. There is no penalty for a film. There is no way to conclude a summary trial, and a formal trial will take place. Therefore, it falls into the category of relatively serious crimes.

Moreover, even attempted fraud is punishable (Articles 250 and 246 of the Penal Code).

Article 250 of the Penal Code (attempt).

Attempts to commit the offenses referred to in this article are punished.

Therefore, even though the fact that it was an insurance fraud came to light in the middle. And the insurance money was not paid. At the time the claim was filed insurance with the intent to deceive. The administrator of the insurance company is a crime of attempted fraud. Prove the crime.

As a general rule, the offense of attempted crime only provides that “the penalty may be mitigated” (article 43 of the penal code). And it is not necessarily mitigated. In addition, even if the penalty for attempted fraud is reduced. The scope of the penalty does not exceed 6 months or more and 5 years or less (Criminal Code, article 68, point 3, article 246, article 12, paragraph 1) will not be fined.

Also, if you falsify a medical certificate, etc. And submit it to the insurance company when filing an insurance claim. You will be charged with the offense of forgery in private writing (Section 159, paragraph 1 of the Penal Code) or the offense of carrying out a false act under private signature (article 161 ). etc. can also be created.

He was arrested for insurance fraud

For insurance fraud offenses, it is more common for the police to show up. At your home with a warrant for your arrest rather than catch you in the act.

Once the person has been arrested. The police will first detain him for a maximum of 48 hours. During this time the police will listen to his explanations (article 203, paragraph 1 of the code of criminal procedure). And depending on the case. You will also receive.


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