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(영문) 서울남부지방법원 2018.10.29 2018고정990

사기미수

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 8, 2012, at around 21:00 on June 21, 2012, the Defendant and B, together with C, conspired with C to intentionally claim insurance money and to obtain the insurance money, and on the D neighboring road of Gangseo-gu Seoul Metropolitan Government, Seoul Metropolitan Government, for the operation of Oba without a number, and intentionally conflict with Eba in the future.

Since then, the defendant, B, and C filed a claim with the Marine Insurance Co., Ltd. for agreed gold and medical expenses, and 5,227,000 won for repair expenses, but the victim company was aware that it was an intentional accident and did not pay insurance money.

Accordingly, the defendant, in collusion with B and C, had attempted to receive property by deceiving the victim, but did not receive any attempted property.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused, B, or C;

1. A letter of insurance records;

1. Application of Acts and subordinate statutes to a report on investigation (to attach image data of an accident boomor);

1. Relevant Article of the Criminal Act and Articles 352, 347 (1), and 30 of the Criminal Act concerning the choice of punishment;

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;