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(영문) 의정부지방법원 2013.12.26 2013고정2702
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

The Defendant, around 15:00 on April 11, 2013, while driving a e-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-mul in Gulri City B, caused a traffic accident that leads to the front part of the F-owned G-L-C-W-C-E-E-te-te-te-te-te-te-

At the time when D entered into a comprehensive insurance contract for the said car, the Defendant: (a) knew that D could only receive insurance money in the event of a traffic accident while driving the said car; (b) demanded D to accept the insurance money; (c) and (d) conspiredd with the Defendant to claim false insurance money as if the accident occurred while driving the said car.

D, around 15:11 on April 14, 2013, at H “I” restaurant located in Namyang-si, Namyang-si, called “I” customer center of the victim AXA damage insurance company, and completed D's request for false insurance receipt as if D had driven the above tete car at the time of the traffic accident.

Ultimately, the Defendant and D conspired to make a false statement to the victimized company as above, and thus, the Defendant and D received a total amount of KRW 971,000 from the victimized company on April 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to J police officers;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. Application of Acts and subordinate statutes to the actual condition of traffic accidents, vehicle photographs, recording records of receipt of accidents, accident receipt investigation books, contract inquiry books, and specifications of payment of insurance proceeds;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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