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(영문) 서울동부지방법원 2015.02.16 2012고단2146

상습사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2, 2011, around 13:30 on June 2, 201, the Defendant: (a) discovered that the JJ vehicle at H 250cc motor vehicles are at a speed to drive a U.C.; (b) accessed the vehicle; and (c) demanded insurance management on June 2, 2005 when the Defendant was faced with the said vehicle; (d) demanded the I to receive an accident insurance for the victim as if the Defendant was injured and the motorcycle was damaged due to a traffic accident; and (e) acquired it by receiving KRW 1,567,60 as insurance money.

From January 6, 2006 to July 11, 2012, the Defendant, including this, received KRW 44,245,370 for the purpose of insurance money, etc. from victims habitually over 30 times, such as the statements in Nos. 1 through 4, 6, 8, 10 through 12, 14 through 19, 21 through 23, 28, 30 through 40.

Summary of Evidence

1. Each legal statement of the witness K, L, M, N,O, P, Q, R, T, U,V, W, X,Y, and Z;

1. AL of a witness among the witness AA, AB, the fifth trial records among the trial records of a witness, AC, AD, AE, AF, and the seventh trial records of a witness in the 8th trial records, AG, AH, AI, AJ, AK, and the 11th trial records of a witness in the 9th trial records;

1. Statement made by each prosecutor of the prosecution with respect to Y, AL, and Z;

1. Each police protocol on the K, AG, L, M, AC, AH, AB, AD, AE, P, AI, R, USA, S, T, I, U, AO, AM, WT, WT, Y, AL, and Z;

1. A P statement;

1. A criminal investigation report (case of attaching a detailed statement of insurance), investigation report (case of attaching a detailed statement of accident and a detailed statement of accident), each investigation report (case of securing a photographic material), insurance receipt details and articles, investigation report (report on attaching a detailed statement of financial transaction), investigation report (report on confirmation of details of receipt of insurance money), investigation report (report on additional statement of accident), investigation report (report on attachment of additional statement of accident), and investigation report (verification of accident related to money additionally deposited);

1. Habituality of the judgment: The method of crime committed in the judgment;