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(영문) 울산지방법원 2016.08.11 2016고단1375

사기

Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

B, as between middle school and Dong, Defendant A intentionally paid a traffic accident by driving each vehicle, and then, Defendant A conspired to receive insurance money by pretending as if the traffic accident occurred.

In accordance with the above public offering, Defendant A driven a vehicle of the C mother of around 00:12 on September 17, 2015, and waiting at a one-lane of the Slsan-dong, Samsan-dong located in Ulsan-dong, Seosan-dong, Busan-dong. Defendant A driven by Defendant B, was able to receive the said BMW vehicle as it was, by driving the DMW vehicle beyond the central line, the right-hand line was defective from the aforesaid private distance, and going beyond the central line.

Then, on the grounds of the foregoing traffic accident, the Defendants filed a claim for the payment of insurance money after concluding the insurance contract to the victim Samsung Fire Co., Ltd., the insurance company of the above vehicle, and the same fire Co., Ltd. as if the traffic accident occurred. The Defendants received KRW 1,670,70,00 from the victim fire Co., Ltd. on September 22, 2015.

In addition, the Defendants deceiving the victim’s East Fire Co., Ltd. and the employees in charge of Samsung Fire Insurance Co., Ltd. from that time to November 11, 2015, and received insurance proceeds of KRW 54,639,670 in total on four occasions, as shown in the list of crimes in the attached Table, from that time.

Accordingly, the Defendants conspired to receive property by deceiving the above victim company as above.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes governing inquiries into financial transaction information, such as written requests for payment of insurance proceeds, written requests for payment of insurance proceeds, written statements of accidents, written estimates, payment of insurance proceeds, current status of payment of insurance proceeds, written requests for sirens, details of insurance examination

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] of type 1 (less than KRW 100 million) and the mitigation area (one month to one year) of the mitigation area (the scope of recommended punishment) of the general fraud.