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(영문) 창원지방법원 통영지원 2017.01.13 2016고정634
사기미수
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants were aware of the fact that an accident on a vehicle in operation is not an insurance processing in the event of an accident, and the Defendants were aware of the fact that the accident is caused by the shock of a person who was on the vehicle, and were able to receive insurance money by fraud.

In fact, at around 13:00 on May 1, 2016, Defendant A, in front of Defendant B’s house located in Gyeongsung-gun, Gosung-gun, Gyeongsung-gun, was working out of the string and the string of the Dpoter in front of Defendant B’s house. However, Defendant A, at the wind that Defendant B started the said vehicle, was at the center of the vehicle, caused an accident to a knife on the hack pipe that Defendant A was on the side of the said vehicle.

Accordingly, Defendant A asked Defendant B to request the acceptance of insurance with the content that the insurance would not be dealt with when he/she got off the vehicle while driving his/her vehicle, with the knowledge that he/she could not be dealt with with. Defendant B received false insurance with the content that he/she would have caused an accident that Defendant A her flicked on the hack pipe on June 11, 2016 while driving back his/her vehicle on the above hacker, which is an insurance company that was subscribed to the above hacker vehicle, and Defendant B received false insurance with the content that Defendant A flicked on the hack pipe.

However, while the victim company dealt with the insurance contracts against the defendant A, the victim company did not pay the insurance proceeds to the defendants because the employees of the victim company who caused the occurrence of the insurance accident to the investigation agency.

Therefore, the defendants did not receive insurance money from the victim company and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A petition filed against Samsung fire;

1. Application of Acts and subordinate statutes to documents receiving insurance, claims for insurance proceeds of motor vehicles, written confirmations, scene photographs of accidents, applied reverse interpretation, and engineering analysis reports;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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