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(영문) 대구지방법원 의성지원 2014.01.09 2013고단276

사기미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On January 30, 2013, the Defendant: (a) while driving a BNF vehicle owned by the Defendant, caused an accident to conceal the bus; (b) but, on the grounds of drinking driving, the Defendant was unable to receive the vehicle repair cost from an insurance company; (c) had partially repaired the vehicle, and had intentionally caused a traffic accident and had the Defendant receive insurance money from the insurance company

On March 10, 2013, around 04:35, the Defendant: (a) got into the water industry while driving the said Bnictor vehicle from the common distance in Ansan-gu, Ansan-si; (b) caused a traffic accident that intentionally conceals the rear part of the D buses parked, and subsequently claimed KRW 45,120,000 to the Insurance Company for Damage Insurance Co., Ltd., Insurance Co., Ltd.; (c) however, the Defendant failed to pay the estimated insurance money, and subsequently failed to perform such obligation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of an investigation report (verification of the contents of the list of vehicles to be submitted by the complainants) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The crime of this case is an intentional cause of traffic accident with a vehicle destroyed by a defendant, and the crime of this case is attempted to acquire insurance proceeds from an insurance company to commit an attempted crime, and the nature of the crime is bad - The method of the crime is very poor, such as manipulating the creation date of a video file in the course of obtaining insurance proceeds - In the second investigation by the prosecutor's office, the fact that the defendant continued to deny the crime before it is discovered that he/she operated the creation date of a video file for a black box box and video file - The fact that the attitude of investigating by the investigative agency was very poor (the reasonable circumstances) - The fact that the defendant has recognized and against his/her mistake other than the punishment once is imposed.