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(영문) 의정부지방법원 고양지원 2016.05.13 2016고단779

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant reported that, at around 16:00 on the roads near Seoyang-gu C and that, at around 46 years old, the EKafa car in D ( South, 46 years old) is proceeding in the vicinity of the Defendant, the Defendant was faced with the Defendant’s hand on the knife of the said vehicle by intentionally knifeing the said car while driving the knife car, and was delivered KRW 1,254,350 as the amount of traffic accident agreement by the said driver, who is the victim of the automobile insurance company to which the driver was a driver, while engaging in the act like the traffic accident caused by the negligence of the said driver.

In addition, the Defendant intentionally caused a traffic accident over 13 times in total as indicated in the attached list of crimes, and received a total of 12,684,110 won from the damaged companies, such as the Hyundai Madern Commercial Insurance Co., Ltd., Samsung F&A Co., Ltd., the East East Fire Insurance Co., Ltd., the Korea Fire Insurance Co., Ltd., the Korea Fire Insurance Co., Ltd., the KB non-life insurance Co., Ltd., the KB non-life insurance Co., Ltd., the bus mutual aid association, etc., under the agreement.

Accordingly, the defendant, by deceiving each of the above damage companies, acquired money by receiving money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to cover separate insurance details, internal investigation reports (in the face of intentional accidents, September 7, 2015), replies to requests for cooperation in investigations, vehicle drivers' statements (9 persons), and each investigation report (including evidence Nos. 12, 20, 21, evidence No. 21 and accompanying documents).

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the period and frequency of the instant crime, the method of the number of crimes planned and malicious, and the social harm of the insurance fraud, there is a need for a strict punishment corresponding thereto.

There is no recovery of damage.

However, the defendant confessions the entire crime of this case and repents his mistake.