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(영문) 서울서부지방법원 2015.01.13 2014고정1031

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 19, 2011, the Defendant conspired with C on August 19, 201, 04:30, driving Da in the one-way passage road near the Mote located in Gangseo-gu Seoul Metropolitan Government D, with the lower sib, and caused a traffic accident.

Since then, the Defendant and C were hospitalized in the H-type department, and the victim LIG Damage Insurance Co., Ltd., the counterpart vehicle insurance company, were merely intentional accidents and resulting in minor injuries, thereby making it false as they were damaged due to normal traffic accidents while hiding the fact that hospitalization was not necessary.

On August 26, 2011, the Defendant: (a) by deceiving the employees in charge as above with C, and received KRW 1,200,000 from the victim company each under the pretext of agreement; (b) around August 31, 201, the victim company obtained KRW 939,390 from the Haryary Department as the treatment expenses; and (c) around September 20, 201, by allowing the victim company to pay KRW 723,60 each under the pretext of the repair expenses for large goods, and obtained KRW 4,062,990.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Some statements in the suspect examination protocol of the prosecution concerning C;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to the details of claims for insurance proceeds of each insurance company (22 cases);

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;