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(영문) 인천지방법원 2013.11.29 2013고정3928

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On May 13, 201, the Defendant was sentenced to a suspended sentence of two years on the 26th of the same month after having been sentenced to a suspended sentence of two years for violating the Employment Security Act in the Vice-Support of the Incheon District Court.

(2011 J. 475. [Criminal Facts] Around August 22, 2010, the Defendant, along with T, U, V, and W, conspired to receive insurance money from the victim Hyundai Marine Fire Insurance Co., Ltd. by accepting false traffic accidents in the vicinity of the Y High School X in Bupyeong-gu Incheon Metropolitan City.

Around August 24, 2010, the Defendant continued to receive a false traffic accident from the Defendant’s driver’s Z 520 car with W and T in accordance with the above public offering with T, etc., although there was no traffic accident caused by the Defendant’s driver’s Z 520 car with W and T, the Defendant received a false traffic accident from the victim, and the Defendant was issued KRW 636,660 as agreed money and treatment expenses on August 30, 2010 by the victim, and KRW 1,998,40 as vehicle repair expenses on September 2, 2010, and KRW 636,660 as agreed money and treatment expenses on August 30, 2010.

Accordingly, in collusion with T, U, V, and W, the Defendant acquired a total of KRW 4,545,040 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol regarding U or T;

1. Data pertaining to the insurance company (record 112 through 123 pages);

1. Records before judgment: Application of the defendant's legal statements Acts and subordinate statutes;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;