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(영문) 전주지방법원 2013.03.28 2012고단1665

사기미수

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

On July 9, 2012, A was sentenced to a suspended sentence of three years on March 15, 2013 at the Jeonju District Court for criminal fraud, etc., and the said judgment was finalized on March 15, 2013.

At around 04:05 on October 22, 201, the Defendants conspired and received an insurance accident from the call center staff I belonging to the victim M&D insurance company, which was a motor vehicle insurance company to which Defendant A was a member of the victim M&W, to the effect that the Defendant A was parked in the front part of the F M&M vehicle steering, with the front part of the F M&M vehicle steering in front of the Defendant B’s mother, caused a traffic accident with the content that he damaged the back part of the driver’s seat of the W vehicle.

However, there was no fact that the defendant A caused the above accident.

The defendants want to receive the sum of 4,893,240 won from the victim as the insurance money, such as the repair cost, but they attempted to refuse to pay by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness J;

1. Application of the statutes on the receipt of an accident, an appraisal and research report, a fact-finding certificate (K), an investigation report (A vehicle photograph), an investigation report (BM vehicle photograph), an investigation report (BM vehicle photograph), and a fact-finding inquiry;

1. Articles 352, 347(1) and 30 of the Criminal Act and the choice of punishment for the Defendants: Articles 352, 347(1) and 30 of the Criminal Act and the choice of imprisonment, respectively.

1. The Defendants under suspended execution: The most direct evidence of the facts charged in this case regarding the Defendants and their defense counsel’s assertion is the appraisal and research report on traffic accidents. The said appraisal and research report is not likely to cause damage due to the contact between two vehicles in light of the consistency of the parts damaged by the contact of the two vehicles and the physical exercise history of the vehicle taking into account the location where the accident occurred.