beta
(영문) 인천지방법원 부천지원 2013.05.29 2012고단2270

사기등

Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

Reasons

Punishment of the crime

At around 00:56 on June 23, 2012, the Defendants conspired to drive a D-V cruise vehicle owned by Defendant A, a shape of Defendant B, and caused an accident that takes place due to care of the vehicle. Defendant A, the insured of the said D-V vehicle, entered into an agreement with only one person when entering into an insurance contract with the victim Co., Ltd., and Defendant B, the birthee, was unable to receive insurance money such as vehicle insurance money, insurance money exceeding the maximum liability limit, vehicle repair expenses, etc. in addition to the insurance money equivalent to the maximum liability insurance amount for the injured in violation of a special agreement when the traffic accident occurred while driving the vehicle. Defendant A reported the accident and agreed to receive the insurance money as if the accident occurred while driving the said vehicle.

Thus, around 04:03 on June 23, 2012, Defendant A received an accident from the victim company to the effect that: (a) he directly driven the said vehicle and Defendant B and E was on board; and (b) on June 29, 2012, Defendant A received an accident from the victim company to the effect that the accident occurred due to Defendant A’s negligence; and (c) on June 29, 2012, Defendant A received a claim from the compensation staff of the victim company to pay KRW 358,800 for salvage expenses, etc. to the “G” maintenance business establishment towing the said vehicle in F, which was located in F, on June 29, 2012; and (d) acquired the said amount by deceiving the victim company’s compensation staff under the first floor “I,” around 14:00, the second floor of the H building in Gyeyang-gu, Seoyang-gu, Gyeyang-gu, Seoul, to the effect that the driver of the said vehicle was not a driver of the said victim’s accident.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of the witness J, K and L;

1. Part of the police against the Defendants.