Successful Defense Against Organized Insurance Fraud Collusion: Securing Probation Over Prison Time
26-06-23 291
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1. Case Overview
The clients (insurance agents) were indicted on charges of violating the Special Act on the Prevention of Insurance Fraud in collusion with a Korean traditional medical doctor at a clinic. The doctor prescribed expensive Gongjindan, which is not covered by indemnity medical insurance, to patients but falsified medical records to make it appear as if herbal medicine for general treatment - which is eligible for insurance claims - had been prescribed. Accused of unjustly defrauding insurance companies of payouts through this process, the clients sought the assistance of Law Firm Theo.
This case was not an ordinary fraud crime; it involved systematic collusion between insurance agents with specialized knowledge of the insurance system and a Korean traiditional medical doctor, a medical professional. Consequently, there was a high risk that the nature of the crime would be evaluated severely. Given the numerous instances of the crime and the significant accumulated scale of the fraud, it was a critical situation with a strong likelihood of heavy prison sentences. In particular, the Special Act on the Prevention of Insurance Fraud carries stricter penalty provisions than general fraud, making a systematic, firm-level legal response essential.
Defense attorneys at Law Firm Theo built a strategic defense system by analyzing case records and evidence from multiple angles.
- Acknowledgement of Objective Facts and Appeal for Leniency: Rather than unreasonably denying the charges altogether, the attorneys assisted the clients in promptly acknowledging the clearly evident parts and consistently demonstrating deep remorse to the investigative authorities and the court.
- Active Collection of Favorable Sentencing Materials: The attorneys meticulously verified the facts to ensure that the clients' actual degree of participation in the crime and the scale of the fraud were not exaggerated during the investigation. Furthermore, they extensively collected sentencing materials capable of eliciting court leniency - such as the circumstances of the crime, lack of prior criminal records, and efforts to prevent recidivism - and submitted a defense opinion brief reflecting Theo's profound legal know-how.
4. Result of Assistance
Despite the considerable number and scale of the criminal acts, the court actively accepted the sentencing materials and arguments systematically prepared and submitted by Law Firm Theo. As a result, the court sentenced the clients to probation and fines rather than imprisonment, allowing the clients, who had been on the verge of arrest, to safely return to their daily lives.
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