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(영문) 의정부지방법원 2015.03.11 2014고단3700 (1)

사기

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

On August 21, 2010, the defendant, Co-Defendant C, D, E, and F conspired to receive insurance proceeds by means of hospitalization in the hospital after causing a traffic accident by some of them, and by falsely receiving the occurrence of the traffic accident from the insurance company.

Accordingly, at around 15:49 on the same day, C driving an I bargaining car in the vicinity of “H station” located in G in the Namyang-si, Namyang-si, and caused a traffic accident due to E being partly driven by the following part of the JJ car driving with the Defendant, D, and F.

Then, Defendant, E, and F, even if the above traffic accident was minor and did not inflict an injury on the same day, pretended to be in need of hospitalized treatment due to the above traffic accident, and filed a claim for payment of insurance money to the victim Matz Marine Marine Insurance Co., Ltd., and Defendant, E, the Defendant, and F were hospitalized into the “Liwon” for seven days, while F was hospitalized into the “Liwon.”

Defendant, C, D, E, and F received from the victim on August 25, 2010 KRW 1,00,000 from the victim, Defendant 1,00,000, and F received KRW 90,000 as the respective agreements, and F received KRW 217,110 on August 26, 2010, E 436,770 on August 30, 2010, and Defendant received KRW 423,220 from Defendant, E, and F received KRW 50,00 for each of the above insurance proceeds from Defendant, E, and F, and acquired KRW 3,97,100 in total.

Summary of Evidence

1. Each legal statement of the defendant, Co-defendant C, D, E, and F;

1. Application of Acts and subordinate statutes : Records of accident (2) (written investigation request, receipt of accident and contract sheet, diagnosis certificate, written agreement, written claim for the payment of motor vehicle insurance medical fees);

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the provision of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.