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(영문) 전주지방법원 2017.09.07 2017고정424

사기

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On August 16, 2016, the Defendant, without a vehicle driver’s license, driven a new car at the section of approximately 200 meters away from the front side of the Dog-ro of 112, Chungcheongnam-si, Seoul Special Metropolitan City, Chungcheongnam-do, to the front side of the Dognam-gun, and then returned to the front side of the Dog-si, Chungcheongnam-si, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) to the front side of the Dog-si.

2. The Defendants are the vice-conscept of the Defendants.

Defendant

B, around 13:00 on August 16, 2016, at the village of Haju-gun E, Haju-gun, the said rocketing car was shocked by Defendant B, who was under direct control, for the purpose of hiding the fact of driving without the driver’s license, the Defendants caused the said traffic accident to the victim (state) fire insurance in the interest country.

The author tried to receive false accidents.

Defendant

A, on August 16, 2016, at the call center of the injured party, brought about a traffic accident at the same time and at the same place while driving the said vehicle.

On the 22th of the same month, the victim believed the receipt of a false accident and caused the victim to pay 1110,000 won of insurance money to the above F rocketing car repair, which is the damaged vehicle.

As a result, the Defendants conspired to deception the above 110,00 won by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Receipt of an accident, a letter of contract, requests for payment of automobile insurance money, and driver's career certificates;

1. Application of Acts and subordinate statutes for internal investigation reports (the analysis of video CDs);

1. Defendant A of the pertinent legal provision pertaining to the crime: Article 347(2) and (1), and Article 30 of the Criminal Act: Article 347(2) and (1), and Article 30 of the Criminal Act (in cases of fraud), Article 152 Subparag. 1 and Article 43(1) of the Road Traffic Act (in cases of driving without a license)

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 70 of the Criminal Act are applicable to the detention in the workhouse.