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(영문) 서울중앙지방법원 2015.01.29 2013고단7300

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant faced with some of the motor vehicles operating on the road with the defendant's bridge, etc., and tried to defraud money by demanding the driver to agree money or allowing the driver to receive insurance.

Accordingly, around November 4, 2012, at the front of the D Hospital located in Seocho-gu Seoul Metropolitan Government on November 2012, 2012, the Defendant called “the victim E(32 years of age)” and “the victim gets out of the back wheels, she must go to the hospital.” On the other hand, the Defendant made a false statement as if he was her in a passenger car.

The Defendant received KRW 400,00 from around that time to March 9, 2013 the sum of KRW 8,902,470 in total four times as indicated in the crime sight table, such as the Defendant received KRW 400,00 from the victim’s seat as compensation for an accident.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H, E, I, and J;

1. Examination protocol of the accused by prosecution;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A report on internal investigation:

1. Application of the relevant Acts and subordinate statutes to the result of analyzing information on insurance fraud suspicion;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It shall be decided as ordered by the court on the grounds of not less than Article 62 (1) of the Criminal Act (the amount of damage, time of the accident of the accused, current health conditions, etc.);