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(영문) 인천지방법원 2014.01.07 2013고정4260

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant B, C, D, E, and F intentionally caused a traffic accident and subscribed to insurance proceeds under the pretext of agreement by filing a false report on a false accident with an insurance company.

1. On May 21, 2008, around 22:30 of the co-principal activities of the Defendant, B, C, D, and E, from the private street near the Yeonsu-gu Incheon Yeonsu-gu Incheon, Yeonsu-gu, and on the part of the back portion of the HM5 car he was driven by the Defendant D, E, and intentionally received.

Defendant B, C, D, and E immediately were hospitalized at I’s expense, and filed a claim for insurance payment as if they were involved in a traffic accident with the victim Dong Fire Marine Insurance Co., Ltd. which was a member of the said franchise, and its affiliation from May 27, 2008 to May 29, 201, the victim received a total of KRW 5,254,50 as shown in the attached crime list (1) as stated in the attached crime list from May 27, 2008 to May 29, 201, and acquired it by deception.

2. Around 23:00 on November 17, 2008, Defendant C, E, and F’s co-principal activities, driving a vehicle near the Yeonsu-gu Incheon Bank, Yeonsu-gu, Incheon, and driving by F while driving JF rocketing, and intentionally receiving the back portion of HM5’s car he gets on board.

Defendant, C, E, and F immediately hospitalized at K Council, and filed a claim for the payment of insurance money as if they were involved in traffic accidents with the victim Hyundai C, Inc., which joined the said rocketing car, from November 20, 2008 to November 21, 2008, Defendant, C, E, and F received a total of KRW 3,738,950 as shown in the attached list of crimes (2) from the victim to November 21, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police with respect to F, and the suspect interrogation protocol of some police officers with respect to D, C, B, and E;

1. The application of laws and regulations to the scope of the records of an accident and all copies of the records of an accident, the submission of modern Hadex (fax) documents, and the submission of LIG damage insurance (fax);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;