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(영문) 서울중앙지방법원 2015.08.12 2015고단3752

사기등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is a person with a disability with a physical disability of 4th degree, caused an accident by intentionally shocking on a motor vehicle driving on the backway using the fact that he is a person with a disability, or intentionally passing off the bus after departing from the place of the vehicle, and tried to acquire insurance money or agreed money against the insurance company or the driver.

On April 22, 2011, the Defendant received KRW 743,750 as the name of consolation money, etc. from the said victim who believed that the said accident was actually actually caused by his/her intentional collision in the future of the Franning that he/she drives on the road in front of the Hacheon-dong, Sincheon-gu, Seocheon-gu, Chungcheongnamcheon-gu, Chungcheongnamcheon-do, and then caused E to receive insurance from the victim lot damage insurance company, and received KRW 750 as the compensation, etc.

The Defendant intentionally shocked on a motor vehicle, carried on a bus, caused an accident by a method of intentionally passing off the bus at the time when the bus starts or stops, and then, from March 17, 2015, the Defendant was issued 38,281,030 won in total from each victims under the pretext of agreement, etc. over 50 times from March 17, 2015, and acquired it by the victim’s money, as described in No. 12 of the List of Crimes No. 12 on February 28, 2013, but the Defendant attempted to obtain the agreement money from the victim G, as described in No. 12 of the List of Crimes No. 12, but the victim failed to bring the intent to report to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement (the sequence 31 through 41, 51, 74 of the evidence list);

1. Each statement (Evidence Nos. 4 through 7, 69, 77, 80, 84);

1. Details of payment of each insurance money (the sequence 8 through 29 of the evidence list);

1. Each specification of transactions;

1. Each investigation report (FAX survey, visit survey, telephone survey, and e-mail survey);

1. Application of the CCTV photographs and CD-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act (Fraud) and Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;