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(영문) 부산지방법원 동부지원 2016.03.17 2015고단2384

사기등

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 October 24, 2015, the Defendant found that, around 20:22, the U.S. driven by E, while driving in front of the D care hospital located in Busan, Daegu, Busan, the U.S., the U.S., was driving in front of the D care hospital, and attempted to prevent the insurance fraud.

At the above date, at the above time and place, the Defendant pretended to be faced with the lower left side of the said vehicle, which took part to the lower left side of the said vehicle for the purpose of receiving insurance money, and that is, the Defendant had E receive the insurance accident to the victim Hyundai Commercial Reinsurance Co., Ltd., which is its insurance company, and thereafter, was hospitalized in the H Hospital located in Busan Shipping Daegu, Busan, from the 28th day of the same month to the 31st day of the same month, and was hospitalized in the I P Hospital located in Busan Shipping Daegu, Busan, and received treatment in total amount of KRW 966,80,00.

Around October 30, 2015, the Defendant: (a) by deceiving E and the victim; and (b) transferred KRW 150,000 to the Busan Bank account under the name of his mother J as a gold for traffic accident agreement; and (c) caused the victim to guarantee the payment of the above hospital for the medical expenses for the above hospitalization of the Defendant.

Therefore, the defendant deceiving the victim, by deceiving 150,00 won from the victim, and attempted to defraud 966,880 won from the medical expenses, but he attempted to commit an attempted crime with the wind reported by the victim to the insurance fraud.

Summary of Evidence

1. A written statement of occurrence of traffic accidents prepared by E;

1. A petition (including attached data);

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the choice of fines) concerning the crime, and Articles 352 and 347(1) (the point of attempted fraud and the choice of fines) of the Criminal Act;

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

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;