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(영문) 대구지방법원 서부지원 2018.06.05 2017고단1083

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act in the Seo-gu District Court Branch of the Daegu District Court for the crime of violation of the Punishment of Violences, etc., and two years of suspension of execution, etc. was sentenced, and the judgment became final and conclusive on February 25, 2017.

On January 28, 2016, the Defendant saw the Defendant as a woman and drinked the Defendant to C (36 taxes) by using the “Egent Stockholm” installed in smartphones, and put the Defendant into drinking alcohol to C (36 taxes).

Crustly, the “E” in the Seogu Seo-gu Seoul Metropolitan City D, and the F, together with C, drinked with C at the above alcohol house, and the F, leading C to drink to drive G rocketing car while drinking, leading C to an intersection in front of the main parking lot in the Daegu-gu Seo-gu, Daegu-gu, 1196 at around 03:13 on the same day. The Defendant waiting in that place caused a traffic accident by intentionally facing C with the said Hasa car driving with H driving by B, and then, by receiving 99,900 won as insurance money, the victim Samsung F&O received 9,900 won as the insurance money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the defendant, F, or B;

1. Each police statement made to C and I;

1. B written statements;

1. Records on insurance fraud and details of payment;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (Attachment of judgment of convictions, such as suspects B, A, J, K, etc.);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of a fine (the defendant's mistake is recognized; the crime of this case is one of the concurrent crimes after Article 37 of the Criminal Act with the crime recorded in the judgment; the principle of equity with the judgment at the same time should be taken into account; and all other circumstances, including the defendant's age)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.