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(영문) 수원지방법원 2017.05.30 2017고단390

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendants engaged in private-use business (one call belt) at Suwon-si Entertainment Co., Ltd., and conspired to receive insurance money by claiming insurance money from an insurance company as if a traffic accident occurred due to negligence after intentionally paying the traffic accident.

Defendant

A around 03:14 on November 1, 2016, around 03:03:14, the Defendant B was on the top of the D car operation and caused a traffic accident in which the roadside trees were bound by the speed from the downhead of the downhead of the road, which is a one-lane road in the vicinity of the D car operation, on the flusium and the one-lane road in the vicinity of the flusium, and caused the traffic accident in which the street trees were flowed on the downhead of the downhead of the irrigation route, and then, on the same day, around 03:17 on the same day, the victim KB damage insurance Co., Ltd. was called “the vehicle was damaged and the person was injured due to the occurrence of an accident due to the

However, the above traffic accident was partly caused by the defendants to receive insurance money.

As seen above, the Defendants deceptioned the Victim KB Non-Life Insurance Co., Ltd., and acquired the total amount of KRW 99,073,850 from November 14, 2016 to January 2, 2017 from the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. A motor vehicle compensation receipt, a motor vehicle insurance contract certificate, a termination and damage evaluation report, a victim of a traffic accident himself/herself, a written verification of the victim of the traffic accident, and a reply to medical advice;

1. An accident scene photograph;

1. A written request for investigation;

1. Application of Acts and subordinate statutes to investigation reports (a request for payment of insurance proceeds, etc.);

1. The Defendants: Articles 347(1) and 340 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on the Observation, etc. of Protection;

1. Type 1 (less than KRW 100,00) in the mitigated area, which applies the sentencing criteria to the general fraud; and