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(영문) 서울중앙지방법원 2018.07.24 2018고단2833

사기

Text

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

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

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to four months of imprisonment for embezzlement at the Seoul Northern District Court, and the judgment became final and conclusive on October 6 of the same year.

On July 18, 2014, at a place where it is impossible to identify a place around 16:43 on July 18, 2014, the Defendant called a call center from the damaged person B, and parked in the parking lot while driving a rental car in the public parking lot located in Guro-gu Seoul Metropolitan Government, Guro-gu.

D Ma Lata car was received.

E. The study discussed that the internal government received and dealt with the insurance accident in the currency with the driver of the car car.

The purport of “the receipt of an insurance accident” was “the receipt of an insurance accident.”

However, in fact, the car above is in de facto marital relationship with the defendant at the time.

Since it is a motor vehicle registered as E and managed by the defendant, the defendant was aware of the fact that if the defendant's vehicle was operated by the defendant, it does not constitute a substitute vehicle subject to compensation in accordance with the insurance terms and conditions of the victim company, but the defendant said that the defendant was not related to the above three vehicles, and there was no fact that the defendant made a telephone call with the driver of the above three vehicles.

In the indictment from July 18, 2014 to 2014, the defendant deceivings the victim as above and is written by the victim company as "2017." but this is a clerical error.

7. Until December 28, 200, the injured party acquired the pecuniary benefits equivalent to the same amount by making a substitute payment of the rental fee of KRW 6.6 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Data to be submitted by each insurance company (the details of the accident receipt, the head of the Integrated Motor Vehicle Compensation and Integration, the report on the results of SIU survey, a change letter, a vehicle lease contract, etc.

1. An investigation report (in the case, the preparation of an investigation report concerning H telephone statements by the staff members of the KG in charge of the other dispute resolution company.