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(영문) 서울북부지방법원 2018.04.20 2017고정1590

사기미수

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and C knew that the insured person D or D is at least 48 years old due to the special terms and conditions of the automobile insurance for E vehicles owned by C's mother D (limited to the operation of family members and the age of 48 years or older) and that if an accident occurs while a person who is not a person in a family relationship is driving the said vehicle, he/she cannot benefit from the insurance.

On October 14, 2016, at around 15:18, 2016, the Defendant conspiredd with C, and proceeded with the edge of the road at the rear of the vehicle, by neglecting to open the front door of the steering gate of the above vehicle while C stops in front of the National Bank of Dobong-gu Seoul, Dobong-gu, Seoul, 769, KB, C was stopped.

In the event of a traffic accident that conflicts with the F driver's bicycle, for the purpose of compensating for the damages caused by the accident, the defendant filed an accident report and insurance contract with C while driving the above vehicle with the intent of compensating for the damages caused by the accident. However, as if the traffic accident occurred while driving the above vehicle, C falsely filed an accident report and insurance contract with the same fire marine insurance company as if the accident occurred, however,

Summary of Evidence

1. Each legal statement of witness F and C;

1. Statement made by the police with regard to F;

1. Request for cooperation with investigation;

1. An inquiry into the enemy and mandatory insurance;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 352 of the Criminal Act and Articles 347 (1) and 347 (1) of the Criminal Act and the selection of fines concerning the crime;

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;