Calculators & Self-ChecksProsecution Request Estimator
Insurance fraud: statutory penalty and likely requested sentence
The statutory penalty for Insurance fraud and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 10 years in prison or a fine of up to KRW 50 million / insurance money of KRW 500 million or more but less than KRW 5 billion: 3 years or more in prison for a fixed term / KRW 5 billion or more: life imprisonment or 5 years or more in prison
- Legal basis
- Special Act on the Prevention of Insurance Fraud, Articles 8 and 11
- Category
- Property · Special Act on the Prevention of Insurance Fraud
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 16 to 30 years in prison (life imprisonment may also be considered)
Formal trial (prison sentence requested)
- Likely requested sentence
- 12 to 22 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 to 18 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 12 to 22 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 to 18 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 6 to 12 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 8 to 16 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 6 to 12 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 3 to 8 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 5 to 10 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 to 8 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 8 months to 5 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 to 5 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 2 years in prison
Notes
- This is deliberately causing or exaggerating an accident to deceive an insurance company and receive insurance money, or have someone else receive it. Attempts are also punished.
- People who arrange, encourage or advertise insurance fraud are punished with the same penalty.
- Returning the insurance money is a mitigating factor, but it does not by itself avoid punishment.
Frequently asked questions
- Insurance fraud: what is the statutory penalty?
- Legal basis: Special Act on the Prevention of Insurance Fraud, Articles 8 and 11. Statutory penalty: Up to 10 years in prison or a fine of up to KRW 50 million / insurance money of KRW 500 million or more but less than KRW 5 billion: 3 years or more in prison for a fixed term / KRW 5 billion or more: life imprisonment or 5 years or more in prison.
- Insurance fraud: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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