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(영문) 대전지방법원 2016.09.21 2016고단2411

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and eight months, and by imprisonment with prison labor for a period of ten months.

Reasons

Punishment of the crime

Defendant

A tried to obtain insurance money by intentionally causing a traffic accident while driving straws, such as Defendant B, D (the summary indictment on the same day), and E (the summary indictment on the same day).

Defendant

A, on April 17, 2013, around 20:05, around 20:05, on the road in front of the apartment complex in the Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, for the Frane-do to drive the Frane-do in front of the apartment complex, and driving the two-lanes of the above road, while driving on the two-lanes of the above road, he/she received part of the part above the right-hand part of the G Driving's Hma-gu to change from the first lane to the second lane, and caused the traffic accident, and then, he/she claimed the insurance money as if the said traffic accident occurred due to the negligence of the said G on the same day.

Accordingly, the Defendants conspired to induce victims and receive total of KRW 3,096,030 from the victims to May 2, 2013, and the Defendants conspired to obtain KRW 136,612,01 in total from the victims over 15 times, such as the [Attachment] List Nos. 1 through 8,10,16, and 16 through 21, and acquired KRW 89,534,01 in total from the victims on 15 occasions. Defendant A, in collusion with the victims independently or in D, acquired KRW 136,612,01 in total from the victims over 17 occasions, such as the [Attachment] list No. 9,11 through 15, 22, and 32.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the examination of suspects by the prosecution against D, E, and I;

1. A protocol concerning the examination of suspect by the police against J;

1. Before the name of K, L, G, M, N,O, P, Q, R, T, U, V, W, X,Y, Z, and AD: Each police statement made with respect to AB, AC, and AD;

1. A written statement of the preparation of the E;

1. Transmission of the result of analysis on the suspicion of insurance fraud;

1. Investigation reports (AF telephone conversations by a witness), investigation reports (AG telephone conversations by a witness), investigation reports (AH telephone conversations by a witness), investigation reports (AH telephone conversations by a witness), investigation reports (AJ telephone conversations by a witness), investigation reports (AJ telephone conversations by a witness);