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(영문) 대전지방법원 천안지원 2015.12.17 2015고정513

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 중국요리 식당의 배달원으로 일하는 사람으로, 오토바이를 이용하여 고의로 교통사고를 일으킨 다음 이를 우연히 일어난 교통사고로 가장한 다음 보험회사들로부터 보험금을 지급받아 가로챌 것을 마음먹었다.

Accordingly, the Defendant: (a) from February 17, 201 to February 21, 2011, at the 18:30, from the Da Spo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the Defendant: (b) intentionally driven the part of the right side of the Dpo-gu car that was driven by the Defendant; and (c) pretended to have caused the accident to be a traffic accident; (d) on the same day, the Defendant claimed insurance money from the victim Mepo-z and the Marine Insurance Co., Ltd. to employees under the name of the said traffic accident through the driver of the said vehicle; (b) from February 18, 2011 to February 21, 2011, received total of KRW 398,490 as the name of agreement and treatment expenses; and (c) received the said money from around that day to October 24, 2013, the Defendant received KRW 2814,8686.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each entry in an investigation instruction, accident details, written request for determination of insurance premiums, accident receipt, written payment, written request, medical record, written request, each item, written estimate, each item, written estimate, receipt of each accident, written contract, written diagnosis, and written statement of the Financial Supervisory Service F insurance Fraud case;

1. Application of each video statute to field map and each photograph;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the case where the defendant intentionally caused a traffic accident and acquired insurance money from the victims.