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(영문) 대구지방법원 2013.06.05 2013고정464
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 22:20 on November 26, 2009, the Defendant reported in collusion with B and C, to the insurance company that caused the occurrence of a traffic accident involving the back portion of the Defendant’s Fsawa car on the front of the D Hospital SM5 car on the road prior to the death distance of the D Hospital in Seocho-gu, Daegu.

However, the above traffic accident did not occur, and there was no false report in order to obtain insurance money from the insurer.

In collusion with B and C, the Defendant: (a) by deceiving the victim’s Eastern fire, interesting fire, Chinese fire, modern sea, and merz insurance company; and (b) received KRW 1,768,618 from the said insurance company; and (c) in collusion with B and C, or received KRW 4,146,904 on a total of three occasions, in collusion with B and C, or on a total of three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. Details of the purchase of the suspected suspect's insurance, list of accidents, details of the payment of insurance proceeds of the accident No. 1-42, and application of the Act and subordinate statutes in Table G (Additional);

1. Relevant Articles 347(1) and 30 of the Criminal Act (the frauds entered in Tables 1 and 2 of Crime 1), Article 347(1) of the Criminal Act (the frauds entered in Table 3 of Crime List), and the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

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