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(영문) 대구지방법원 2014.10.08 2014고정1790

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 6, 2010, the Defendant: (a) around 22:20, around 22:20, the Defendant: (b) caused an accident that contacted B with B’s pon (EF) vehicle that was driven by B while boarding a bicycle in front of the entrance apartment house in the Daegu East-gu, Daegu-gu; (c) thereafter, the victim ELI (LIG) who was enrolled in B, was the victim ELI (LIG) accident management officer, and claimed insurance proceeds.

However, the above accident was intentionally caused by the defendant to acquire insurance money.

The Defendant, by deceiving the victim as such, received KRW 750,00 in total from the victim under the pretext of agreement on February 9, 2010, KRW 115,00 in terms of treatment expenses, KRW 50,00 in terms of bicycle repair expenses, and KRW 915,00 in terms of treatment expenses, etc.

The Defendant, including that, from January 2, 2014, received total of KRW 4,875,370 from the victims on seven occasions in total as shown in the list of crimes committed in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to D and E;

1. Report on internal investigation (B's telephone statement);

1. Report on internal investigation (F telephone statement);

1. The details of the accident, the question points, the details of the payment of insurance proceeds of the accident No. 23 per annum, the details of the payment of insurance proceeds of the accident No. 23 per annum;

1. The details of the accident, agenda points, and details of the payment of insurance proceeds of the accident No. 25 per year, the details of the insurance proceeds of the accident and the details of the accident of the motor vehicle

1. The application of Acts and subordinate statutes to the details of the accident, question points, and the details of the annual payment of insurance proceeds of the accident No. 35, and the annual payment of insurance proceeds of the accident;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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