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(영문) 서울남부지방법원 2015.02.13 2014고단2722

사기

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud caused by the accident on April 3, 2011 shall be acquitted.

Reasons

Punishment of the crime

In the case of a high-priced car, the Defendant, using a high-priced car owned by the Defendant, intended to intentionally pay a traffic accident against a change of course and a traffic signal violation vehicle with an intention to obtain insurance money in the name of the repair cost of the vehicle.

At around 19:20 on July 12, 2012, the Defendant discovered that, while driving a motor vehicle at the south of Yangyang-dong, Gangseo-gu Seoul Metropolitan Government, with DPoer vehicle, the vehicle driven by E is changed from two to three lanes, while driving the motor vehicle at the south of Yangyang-dong, with three lanes, the Defendant caused an accident of collision between the two-lane vehicle's right side of the vehicle driving by E and the two-lane vehicle's left side of the vehicle with the above Poer vehicle bound by the above Poer vehicle.

On July 12, 2012, the Defendant got E, who knew of the above facts, to receive an accident from the victim lot damage insurance company.

However, in fact, the traffic accident was not caused intentionally in order to receive insurance money.

On July 25, 2012, the Defendant, by deceiving the victim as such, received KRW 4,500,000 from the victim as the unrepair cost on July 25, 2012, and acquired KRW 54,608,060 in total four times from that time to April 18, 2013, as shown in [Attachment Table Nos. 2 through 5] of the crime sight table.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of witness G, H, E, and I’s respective legal statements, and protocol of examination of witness to J;

1. Details of the accident, the details of each accident and question points, the details of payment of each insurance money, and all documents related to the payment of each insurance money;

1. A specification of transactions;

1. Application of accident video images, CDs, and film image laws and regulations;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;