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(영문) 수원지방법원 안양지원 2016.06.09 2016고단141

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 3, 2013, the Defendant, along with B, C, D, and E, conspired to have a vehicle in violation of the laws and regulations by intentionally receiving insurance proceeds from the accident, when he/she finds a vehicle in violation of the laws and regulations while driving along the FM5 vehicle.

The Defendant, at around 01:30 on the same day, driven the said SM5 vehicle in front of H located in Ansan-si, Seoul-si, and displayed the vehicles violating the laws and regulations, reported that Jschtonton vehicles driven by I go through and proceed with the central line, and intentionally received them, and, as if there was an accident during the normal course of driving, performed a false end in the marine insurance of the victim's interest country fire company, and around February 5, 2013, the Defendant received KRW 1,750,000, under the pretext of agreement and compensation for large property damage, respectively, from the victim on February 5, 2013.

Accordingly, the Defendant received property by deceiving the victim in collusion with B, C, D, and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to B, E, and D;

1. A report on the results of dispatch to the accident site;

1. Receipt of an accident and a list of contracting parties;

1. Matters to be damaged;

1. Current status of the payment of insurance proceeds and written statements of conclusion;

1. A written resolution of prohibition of agreements, and each written agreement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding the crime, the choice of fines (including the confession of the crime of this case, the agreement with the victim, and the fact that the defendant has no record of criminal punishment, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;