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(영문) 서울동부지방법원 2017.09.29 2017고정1016

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On September 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) in the Changwon District Court’s branch branch on September 23, 2016 and the said judgment became final and conclusive on January 26, 2017.

[Criminal facts] The Defendant is a friendship with B.

The defendant was a pedestrian who was on the road, and B was a driver of the vehicle who was on the road, and the traffic accident occurred falsely, and the defendant was willing to receive insurance money by deceiving the fire insurance company in the same department.

B around 19:40 on May 29, 2016, around 19:5.20, around 19:40, Dongdongdong 1, Seongdong-gu, Seongdong-gu, Seoul, C that was operated by B on the road in front of the exit 3-gu, Seongdong-gu, Seongdong-gu, Seoul, was shocked by the Defendant who was on the road in order to get a taxi from the mid-gu, YG car volume, and received the accident by making a false statement to the fire insurance company in the Dong department, and the Defendant was provided medical treatment to the Sungdong-gu D “Etype Department” hospital due to the shock after the traffic accident, and claimed insurance proceeds from the same fire.

However, B did not have any shocked Defendant during the operation of his vehicle.

Accordingly, on May 31, 2016, Defendant 2 received a total of KRW 611,140,00,000, 550,000 from the Agricultural Cooperative (F) account under the name of Defendant under the name of the Defendant, for the purpose of agreement gold, consolation money, etc. from the fire of the same department to May 31, 2016, and 61,140,00,000, under the name of the medical expenses for hospital on June 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment due to the size of social harm, such as that the fraud of insurance for the reason of sentencing under Article 334(1) of the Criminal Procedure Act leads to a large number of good insurance subscribers, causing damage to them, and that the foundation of the insurance system is shaking, and the occurrence of an accident by false reporting, etc.