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(영문) 수원지방법원 2013.11.13 2013고정1375

사기미수

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 3, 2012, the Defendant filed an insurance claim with the victim Samsung Fire and Marine Insurance Co., Ltd. to the effect that “The victim Samsung Fire and Marine Insurance Co., Ltd., on May 11, 2012, which caused a traffic accident that shocks F during the vehicle operation, paid KRW 20 million to the victim Samsung Fire and Marine Insurance Co., Ltd., and submitted a written agreement that stated the agreed amount as KRW 20 million.”

However, the facts are that the defendant paid F with the agreed amount of KRW 15 million, and the written agreement submitted by the defendant to the victim via E was written with the blank agreement in which the amount of the agreed amount is vacant, and the defendant arbitrarily stated the amount of KRW 20 million as the agreed amount.

After allowing E to claim insurance money without knowledge of the circumstances, the Defendant, by deceiving the victim, received a traffic accident relief subsidy in an amount larger than the actual amount of expenditure, but was dismissed and attempted by the victim.

Summary of Evidence

1. Partial statement of witness E;

1. E-certification;

1. Details of requests for subsidies for traffic accident settlement, related documents, written agreements recording agreed amounts, and ordinary agreements;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of FF Recording Record to Traffic Accident Victims);

1. Relevant Article of the Criminal Act and Articles 352, 347 (1), 34 (1), and 31 (1) of the Criminal Act, the choice of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's and his defense counsel's assertion is that the defendant can receive insurance proceeds up to 20 million won in the insurance policy, and the written agreement containing 20 million won in the insurance policy is prepared, and two copies of the written agreement including 20 million won and 15 million won have been submitted to E for the claim for the payment of insurance proceeds. Thus, the defendant is the defendant.