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(영문) 서울서부지방법원 2015.04.23 2014고단3399

사기

Text

Defendant

A Imprisonment of eight months, Defendant B, C, or D shall be punished by imprisonment with prison labor for six months, Defendant E, or F, for four months.

(b).

Reasons

Punishment of the crime

[Criminal Power] Defendant E was sentenced to a suspended sentence of two years for a crime of bodily injury resulting from special obstruction of performance of official duties at the Seoul Southern District Court on April 7, 201, and the sentence was finalized on the 15th of the same month. On August 23, 2012, Defendant E was sentenced to imprisonment for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on August 23, 201, and was sentenced to imprisonment for the same month.

8.31 The above judgment became final and conclusive.

【Criminal Facts】

1. Defendant A and Defendant B were hospitalized at a hospital without the necessity of hospitalization due to traffic accidents, and they were willing to receive insurance money by claiming insurance money from the insurance company.

At around 20:50 on August 30, 2009, the Defendants: (a) around 20:50, the Jung-gu Seoul Jung-gu 1 driven Defendant A around the Dongdae Pungdong-dong, and (b) Defendant B, while the above Otoba was under way, she was engaged in minor contacts while he was passing the above Otoba, and (c) he received hospitalized treatment with the victim Samsung Fire & Marine Insurance Co., Ltd., and then claimed insurance proceeds from the victim around September 2, 2009; (b) around September 2, 2009, the Defendants acquired from the victim the Defendant’s agreement amounting to KRW 890,00,00 under the name of Defendant B, and KRW 185,110,205,240 under the name of Defendant B’s treatment expenses around the same month; and (c) obtained them as Defendant B’s agreement.

2. Defendant A’s sole criminal conduct had been hospitalized at a hospital without necessity of hospitalization due to traffic accidents, and had the intent to claim insurance money from an insurance company and obtain it by fraud.

At around 02:00 on December 16, 2009, the Defendant was running along a Mro-car operated by L on the roads from the Sungsan-dong, Mapo-gu, Seoul to the Seosan-do, Seosan-do, Seosan-do, to the Western-do, Seosan-gu, Seoul, with the Western-do, while driving on the Mro-car, and there was no need for the contact with N to be hospitalized. However, the Defendant was hospitalized after hiding it.