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(영문) 인천지방법원 2019.02.21 2018고단8759

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant has conspiredd to receive insurance money from the victim insurance company after intentionally causing a traffic accident with accomplice B, etc.

1. On July 2016, Defendant B, C, and B, etc. filed a claim for insurance money with the purport that “The Defendant, while driving an I rocketing and other car, was involved in a traffic accident involving a vehicle with the vehicle of K-ro drivinged by J, who, around July 27, 2017, the Defendant and B, etc. claimed insurance money to the employees in the name and disapproval of the victim E-B and the F F. In response to the fact that, around 23:52, 2017, the Defendant was on the roads near the H-gu station in the Nam-gu Incheon Metropolitan City, Nam-gu, and the Defendant was on the road near the H-gu station.”

However, the defendant, B, etc. knew L and M's personal information unrelated to traffic accident by using the fact that the insurance company and hospital related persons do not require an identification card, and M and C decided to act as L, and the vehicle changing the lane was intentionally caused a traffic accident.

Around July 28, 2016, the Defendant and B, etc. were hospitalized into the “Nwon” for one day, and around July 29, 2016, received total of KRW 7,115,250 from the victim company as agreed money, medical expenses, and repair expenses from the victim company and acquired them by deception.

2. 피고인, B, C, O의 공동범행 피고인은 B 등과 함께 2016. 8. 중순경 피해자 P㈜ 및 피해자 Q㈜의 성명불상의 직원에게 “2016. 8. 11. 21:53경 인천 남동구 G에 있는 H주유소 부근 도로에서 O이 피고인, B, C을 태우고 R SM5 승용차를 운전하던 중 S 운전의 T 스파크 승용차와 부딪히는 교통사고로 인하여 상해 및 물적피해를 입었으므로 보험금을 지급하라”는 취지로 보험금을 청구하였다.

However, the defendant and B, etc. find out the personal information of U, V, W, and X unrelated to traffic accidents by using the fact that the insurance company and hospital related persons do not require the identification card, and the defendant will play the role of W, X, X, C, U, and V.