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(영문) 서울중앙지방법원 2017.10.11 2017고정1477

사기미수

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who lends the name of another company, such as the Bank of Korea Co., Ltd. to operate a siren business.

The defendant was used by himself for a siren;

DMW 520 d car has been damaged by a traffic accident around October 28, 2015, the said vehicle was reported to the insurance company as if it was a long-term rental vehicle in the Dispute Resolution Co., Ltd. to receive the rent.

On April 26, 2016, the Defendant filed a claim for the lending fee with the purport that “The Defendant borrowed a total of 3 vehicles, such as Trogate, Kaen, LAW 520d car in a long-term siren from C to C to C to C to C to C to the effect that “The Defendant borrowed a total of 8,131,000 won for 30 days due to a traffic accident in the DMW 520d car in a long-term siren.” In this context, the Defendant filed a claim for the lending fee with the purport that “the vehicle fee is changed to 8,131,000 won.”

However, the defendant did not enter into a long-term rental contract with the Dispute Resolution Co., but used the above vehicle for the LitC business, and the traffic accident was not occurred while he used for the LitC business, and the Talan, the Car, the Lenenna, and the Lbenna vehicle were not loans from the Dispute Resolution C due to the above traffic accident, but was originally used for the defendant's LitC business.

The Defendant attempted to defraud 8,131,000 won from the damaged person as a loan fee, but was aware of the fact that the Defendant was not a long-term siren vehicle, such as the fact that the said BMW car was used as another vehicle borrowing and lending, and was attempted.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made to E and F;

1. As a result of inquiry into the automobile registration ledger, DW vehicle rental contract, DW vehicle rental contract, DW vehicle rental fee claim, DW vehicle receipt, investigation report (whether or not to prepare the BM vehicle rental contract, Talan, Canadian car rental contract, CM vehicle rental contract, and whether or not the CM vehicle rental contract has been borrowed and lent by the CMW vehicle).