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(영문) 서울동부지방법원 2017.07.11 2017고정169
사기미수
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant parked a two-wheeled vehicle of C998C YZF-R1 on the street in front of the subway No. 5 lines located in Gangdong-gu Seoul, Gangdong-gu, Seoul, on the left side of the two-wheeled vehicle of the Defendant, while the E 50c motor bicycle parked by D is used to the right side, and the Defendant’s two-wheeled the left side of the two-wheeled vehicle of the Defendant.

At around 22:00 on September 11, 2016, the Defendant, despite some damage to the fuel tank part of a two-wheeled automobile due to the foregoing accident, had the two-wheeled automobile Kaul on the left-hand side, the left-hand Kaul and presses, and the left-hand Mag cases, etc., all of which were already destroyed before the instant accident occurred, contacted the said D with the said D, and had the victim KB non-life insurance company receive the insurance, and submitted a written estimate of repair costs equivalent to KRW 5,341,380 to the said victim on September 22, 2016.

The Defendant: (a) by deceiving the victim as above; (b) withdrawn the pecuniary advantage equivalent to the above repair cost from the victim; (c) however, the victim was suspected of the insurance fraud; (d) attempted to report to the police.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a letter of goods, an investigation report (related to the consistency of the parts damaged by both vehicles), and an accident research report;

1. Article 352 of the Criminal Act applicable to the crime, Articles 352 and 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which provides excessive estimates to the victim, can be deemed to fall under the act of fraud in itself. The so-called insurance fraud, such as the instant crime, is a large amount of social harm, such as that a large number of good insurance subscribers are damaged by the damage, thereby harming the foundation of the insurance system, and the Defendant’s refusal to commit the instant crime is entirely and entirely inconsistent.

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