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(영문) 의정부지방법원 2018.10.24 2017고단2881

사기

Text

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

Reasons

Punishment of the crime

On March 29, 2008, the Defendant caused an intentional accident against vehicles in violation of signal and change of course, and received insurance money by pretending to be injured, and on March 29, 2008, the Defendant discovered in advance that the vehicle driven by D in front of the Hanwon in Jongno-gu Seoul, Jongno-gu, Seoul, was moving back, and contacted partly on the left-hand side of the front-hand side of the vehicle even though he could avoid the accident.

After the Defendant caused an accident as above, the Defendant received hospital treatment as if he suffered an injury due to a traffic accident, and then claimed insurance money to the victim F insurance company, who is unaware of the fact, and received KRW 416,160 on the pretext of medical treatment and agreement.

The Defendant, including this, received, from that time until December 16, 2015, insurance money equivalent to KRW 54,524,166 through 16 times in total, as shown in the List of Offenses in the same manner.

Summary of Evidence

1. Legal statement of witness G;

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the witness H in the third public trial records;

1. Each police statement in relation to H, I, J, K, G, L, M, N, P, Q, R, T, T, and D;

1. Applicant for verifying the traffic accident, -9 accident, 11, 15, and 15;

1. An accident No. 19, No. 12, No. 16, and No. 21, No. 19, No. 12, No. 16, and No. 21, an investigation report (Attachment to the cambling image and insurance payment details), and an accident No. 18, No. 18, No. 18

1. Application of all Acts and subordinate statutes to the list of sights and the data submitted by insurers;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. Although the purport of the assertion was to recognize the instant traffic accident, there was no intention to commit fraud.

2. Relevant legal principles and determination

(a) related;