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(영문) 서울남부지방법원 2018.05.17 2018고단1038

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B is the representative who operates the delivery company under the trade name of “C”, and the defendant is a person who carries out the delivery service from “C” company to “A.”

1. Traffic accident-related on December 10, 2016 (Fraud, Violation of the Resident Registration Act, and Violation of the Road Traffic Act (non-licensed driving));

A. On December 10, 2016, the Defendant driven a DNA cattob without a bicycle license for a motor engine device on December 10, 2016 and proceeded on the left-hand side in order to avoid the thresholds set up on the road while driving on the front side of Geumcheon-gu Seoul Metropolitan Government.

F Driving has come to conflict with G Malba, which is due to the conflict between Galba.

The Defendant, who became aware of the fact that an accident occurred during driving without a license, was unable to benefit from insurance in collusion with employment-based B, decided to accept the Defendant’s pro-friendly H having acquired the driver’s license as having caused an accident while driving, and the Defendant informed B of his pro-friendly H’s resident registration number (I), and B, on December 12, 2016, received the accident as if the Defendant was an accident during driving with the insurance-related private person, who was a member of the Ortotoba, by calls at the J-gul, in response to the insurance-related private person’s call.

As a result, the Defendant and B deceptioned the victim J as above and had the victim pay 50,000 won agreed upon to F on December 19, 2016, and had the victim pay 37,230 won of the medical expenses on January 2, 2017 to K. On February 24, 2017, the Defendant and B received 451,500 won of the repair expenses on L, and acquired 995,730 won in total as insurance proceeds, such as allowing the victim to pay 7,000 won ad hoc 7,00 won. < Amended by Act No. 1487, Feb. 22, 2017>

B. As above, the Defendant driving a motor device bicycle without a motor device license, and unlawfully used another person’s resident registration number.

2. On December 21, 2016, the Defendant violated the traffic accident (violation of the Resident Registration Act, and Violation of the Road Traffic Act (Non-license)) by driving D, without a motor device license on December 21, 2016, and driving D in front of the residents of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, without a motor device license on December 21, 2016.