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(영문) 서울중앙지방법원 2014.02.13 2013고단7845

사기

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. On October 17, 2012, the Defendants, at the F Office located in Gangnam-gu Seoul Metropolitan Government, intended to have the insurance proceeds acquired by deception by inducing a traffic accident at the F Office. Defendant B received the vehicle driven by Defendant A, and conspired to receive the insurance proceeds through insurance processing.

On October 18, 2012, around 18:50 on the 18:50th day of October 2012, the Defendants: (a) parked an IW car in Gangnam-gu Seoul; and (b) Defendant B driven the JM car with the said BM car, thereby receiving the said BM car, and filed a false report on the occurrence of a traffic accident on the victim’s unit fire.

However, the above traffic accident was intentional, and the accident was insignificant and the defendant A did not deal with it.

Nevertheless, the Defendants: (a) deceiving the victim as above; and (b) Defendant A received KRW 7,00,000 as the non-repair cost of the vehicle on October 18, 2012; (c) KRW 1,30,000 as the agreed fee on October 23, 2012; (d) KRW 323,220 as the medical expenses on October 26, 2012; and (e) Defendant B received KRW 9,19,220 as the non-repair cost of the vehicle on October 26, 2012.

As a result, the Defendants conspired to attract others to receive property.

B. Defendants and K (Suspension of Prosecution on the same day), and L (Demand for Summary Order on the same day) intended to obtain insurance money by means of false insurance treatment as if a traffic accident occurred even though the occurrence of a traffic accident occurred, Defendant A planned the crime and claimed insurance money by hospitalized in the hospital. Defendant B conspired in sequence to take charge of: (a) the role of Defendant A’s drafting a false siren car contract as if Defendant A used a siren vehicle and claiming rental expenses; (b) K received insurance money by hospitalized in the hospital; and (c) L, as if an accident occurred, to take charge of receiving insurance money to the insurance company.

Defendant

A and L are about 2012.