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(영문) 인천지방법원 2014.11.28 2014고정464

사기

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

around 2011, the defendant is a person who has worked as an employee at D's store in Jung-gu Incheon Metropolitan City, and F's mobile phone sales store in operation of E.

Although the facts of the aforementioned D, etc. did not have lost the mobile phone, the Defendant reported the loss of the mobile phone to the competent police station by falsity, and provided documents, such as the receipt of a report on the loss of the mobile phone and received compensation for the mobile phone from the victim insurance companies, and sold and commercialized the compensated mobile phone, and knowingly, knew that the Defendant committed an insurance fraud by using the word "insurance fraud loss loss" under the name of the method of selling and commercializing it, the Defendant lost the mobile phone within the Incheon Central Police Station where the Jung-gu Incheon Jung-gu Incheon Metropolitan Government Port 2-7, Apr. 25, 2011 under the above D’s instruction, and even though there was no fact that the Defendant lost the two cell phone from HTAA91 mobile phone around April 25, 2011.

On May 3, 2011, the report of false loss was made, and received the receipt of the report of loss on May 3, 201, and the report was sent to the above D.

In addition, the Defendant made a false report on loss to the police station and received a report on loss to D, etc. in order to assist the crime of insurance fraud from the cell phone loss of the above D, such as the attached crime list, and aided and abetted D, etc. to acquire the total market price of 2.48,00 won from victims.

Summary of Evidence

1. The defendant's partial statement in court (the 11th trial date);

1. Witnesses D and E respective legal statements;

1. Examination protocol of the accused by the prosecution, and rebuttals of the accused;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as details of payment of insurance proceeds, copies of an application for compensation and receipt of lost report;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 347 (1) and 32 (1) of the Criminal Act concerning the selection of punishment;

1. Statutory mitigations: Articles 32(2) and 55(1)6 of the Criminal Act;