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(영문) 부산지방법원 2008.9.11.선고 2008고단4036 판결
가.사기나.사문서위조다.위조사문서행사
Cases

208 Highest 4036 A. Fraud

(b) Forgery of private documents;

(c) Exercising a falsified investigation document;

Defendant

1.(a)A1 (Entry in 88, South Korea), and non-official titles;

2.(a)(c) A2 (year 80, South) and North;

3.(a)A3 (Entry in 87, South) and in non-official service.

4.(a)A4 (Entry in 89, South) Industries;

Prosecutor

Fluorent Number

Defense Counsel

Attorney Jin-sag (the national election for the defendant A1, A2, and A3)

Imposition of Judgment

September 1, 2008

Text

Defendant A1 is punished by imprisonment for ten months, by imprisonment for one year and three months, by imprisonment for Defendant A3, by imprisonment for eight months, and by imprisonment for Defendant A4 for six months.

With respect to Defendant A1 and A2, 66 days of detention days prior to the pronouncement of this judgment shall be included in each of the above punishment.

However, with respect to Defendant A4, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive. Defendant A4 shall order Defendant A4 to provide community service for 120 hours.

Reasons

Criminal facts

On June 4, 2008, Defendant A3 was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Busan District Court’s branch branch on the same day, and the judgment became final and conclusive on August 1, 2008. The Defendants committed the following crimes with the intention of receiving insurance proceeds by claiming false insurance proceeds, even though they did not intentionally cause a traffic accident or incur an injury in a minor contact accident.

1. Joint criminal conduct with Defendant A3-B and C;

At around 23:00 on December 20, 205, Defendant A3 was on the street in front of the frequency in Busan Southern-gu, Busan-do, and he was on board as C with a multilateral-friendly car driven by the female-friendly Gu of Women A, and then a minor contact accident occurred with Spain run by V1. Defendant A3, in collusion with B and C, did not have been injured due to this accident, he was hospitalized at the hospital, and then received insurance as if he was damaged due to the above accident, and then then he received the total amount of KRW 5,256,430 as agreed money from the victim-friendly fire insurance company.

2. Joint offenses committed by Defendant A3 with E, F, C, and G;

On August 31, 2007, at around 02:50, the defendant A3 was aboard the freeboard car operated by C, such as the above E, F, and G, and there was a minor contact with the car driven by 52.

Defendant A3, in collusion with E, F, C, and G, had the hospital be hospitalized and had the patient covered as if he was damaged by the above accident, even though there was no fact of injury caused by this accident, and around that time, he received total sum of KRW 6,311,740 from the victim Hyundai Marine Fire Insurance Company for the purpose of agreement, etc.

3. Joint criminal conduct with Defendant A3, Defendant A4 H, I, and J

At around 02:00 on October 3, 2007, Defendant A3, in the building side of the building located in the Busan Southern-dong, Busan-dong, was boarded by Defendant A4 with H, I, and J, and discovered that the Maz car driven by Defendant A4, which was driven by Defendant H, H, and J, entered the reverse direction of the one-way passage route, and intentionally received minor parts of the front door section. Defendant A3, Defendant A4, in collusion with H, I, and J, caused this accident intentionally, and was injured by this accident even though the injury was not caused by this accident, Defendant A3 was hospitalized at the hospital and then received insurance as if the injury was caused by this accident, and thereafter, Defendant A3 received total of KRW 5,430,630 under the pretext of agreement, etc. from the victim education life insurance company.

4. Defendant A1’s sole criminal conduct;

At around 19:00 on December 12, 2007, Defendant A1: (a) was driven by 54 left-hand-hand turn-on-on-hand car from the scam in front of the Samak Sports Park in the Busan Scongdong-dong; (b) there was a minor contact incident with the passenger car driven by K and L on the scambn at the right-hand left-hand distance. Defendant A1, although there was no injury due to this accident, had the hospital be hospitalized in the hospital to receive insurance as if the injury was incurred due to the said accident; and (c) around that time, he received total of KRW 1,423,590 from the victim's green fire insurance company as agreed money, etc.

5. Joint offenses committed by Defendant A2 with M, N, andO

On January 18, 2008, around 08:25, in the street in accordance with the mine located in the Yong-gu, Busan, and around 08:25, Defendant A2 found that Dama 5, driving by M, is changing the course of the car in the area where the career change is prohibited, and intentionally received minor side parts.

Defendant A2, in collusion with M, N, andO, had the patient be hospitalized in the hospital, and had the patient receive the insurance as if he was damaged by this accident, even though there was no fact that the accident occurred due to this accident, and then had the victim Samsung Fire Insurance Co., Ltd. received a total of KRW 5,600,000 from the victim Samsung Fire Insurance Co., Ltd. to receive the insurance.

6. Joint offenses committed by Defendant A2 with M, P, and Q

On February 1, 2008, at around 01:10, Defendant A2 and P were able to get in a one-way passage route near the Scelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelelele.

7. Joint criminal conduct with Defendant A3 C

On February 3, 2008, at around 05:40, Defendant A3 was on the front side of the main line in the Yong-gu, Busan, a car driven by Defendant A3C and there was a minor contact with the scar operated by 57.

Defendant A3, in collusion with C, hospitalized the hospital in spite of the absence of the fact of injury caused by this accident, had the patient receive insurance as if he was damaged by this accident, and around that time, he received a sum of KRW 3,654,340 from the victim teaching life insurance company under the pretext of agreement, etc.

8. Defendant A1’s joint criminal conduct with Defendant A1’s P and Q, in collusion with P and Q, conspiredd with Defendant A1 on a passenger car driven by Defendant Al, Q intentionally faced with an accident, and attempted to receive insurance proceeds.

On February 27, 2008, at around 05:00, Defendant A1 driven a spart vehicle on the street in front of the age club located at the lower end of the city of Busan, and Q has received insurance as if it was an accident due to a chance after having caused an accident that caused intentionally facing a bridge on the said vehicle. At that time, Defendant A1 received KRW 967,430 as agreed money from the modern marine insurance company of the victim's modern marine accident and acquired it by deception.

9. Joint criminal conduct with Defendant A1’s S, T or U

On March 9, 2008, at around 22:14, at the end of the Mabro T-dong located in the Nam-gu Busan metropolitan area, Defendant Al driven the Mabrop car at the end of the Gabro T-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-C-C-S-C-C-S-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

10. Joint-Offences with Defendant A2-A, B, C, and D

On March 12, 2008, at around 23:18, Defendant A2, along with one-way route near the Electronic Islands in Busan, was driven by d and discovered that the car driven by e-mail 5,480,750 won in total in the name of agreement, etc. from the victim fire insurance company and then acquired e-mail 5,480,750 won in total under the name of agreement, etc.

11. Defendant A1’s joint criminal conduct with Defendant A1’s e and f, in collusion with Defendant A1’s e and f, has received insurance money by filing a false insurance report as if the e and f were involved in the accident.

At around 05:00 on March 19, 2008, Defendant A1 was driving with e and f on a bus in a spacker car in which she was a member of the city of the city of the city of the city of the Busan, and Defendant A1 was driving with e and f on the spacker car in which she was a member of the Gu of the city of the city of the Busan. Notwithstanding the fact that e and f were not friendly, Defendant A1 was falsely insured as if she was a person walking with the victim's modern marine insurance company. At that time, Defendant A received 1,874,140 won

12. Joint-Offences with Defendant A2-h, B, and I

On March 21, 2008, at around 08:15, Defendant A2: (a) discovered that the car driven by h from the passenger car driven by h b, i, and the car driven by Mada 59 was driven by h, and caused an intentional collision; (b) Defendant A2 conspired with h, hb, and i that the accident was intentionally caused by this accident; and (c) received insurance as if the injury was caused by this accident after being hospitalized at the hospital even though there was no fact that the injury was caused by this accident, Defendant A2 received KRW 6,348,380 in total under the pretext of agreement, such as agreement.

13. Joint offenses with Defendant A1’s j and k

At around April 10, 2008, at around 00:30, Defendant A1 had the access road under the shop attached to the shop located in the Busan High-dong, Busan High-gu, Busan High-gu, and caused an accident in which Defendant A1 had the access road j and k 25,2307 driven by 510, driving by 510, driving in the direction of the one-way traffic route. Defendant A1 conspired with j and k and had the hospital receive insurance as if the injury was caused by this accident even though the injury was not caused by this accident, Defendant A1 had the hospital receive the insurance as if the injury was caused by this accident, and then then he had the victim marine insurance company receive the total amount of KRW 3,121,020 from the Hyundai maritime insurance company for the purpose of agreement,

14. Joint-Offences with Defendant A2-I, 1, i, and A

At around 07:20 on May 8, 2008, Defendant A2 was driven by Defendant A2 on the street near the waterside park located in the Young-gu, Busan Metropolitan City, with I, I, I, and I, I, and I, and A was intentionally followed by a prior promise. Defendant A2 conspired with I, I, I, I, I, and A, and the accident was caused by intention. Although there was no injury caused by this accident, Defendant A2 was hospitalized at the hospital, and then got the victim Samsung Fire Insurance Co., Ltd. received total of KRW 2,898,200 for agreed money, etc. from the victim Samsung Fire Insurance Co., Ltd.

15. Defendant A1’s joint criminal conduct with H and j of Defendant A1, in collusion with H and j, did not intend to receive insurance money by accepting false insurance, even though the fact was not related to H with a passenger car driven by A1.

At around 12:00 on May 8, 2008, Defendant A1 entered H and j on a car in front of the Mobur cluster area located in the Yongsan-dong at the time of Jaknam-si, and reported H to the said car as if he was the victim, and j made a false report as if he was the victim, and j received a telephone from the insurance company, and made a traffic accident while driving H, and then she received 400,000 won from the victim as agreed money.

16. Joint Offences with Defendant A1’s P,j, and S

On May 14, 2008, around 05:50 on May 14, 2008, Defendant A1 and Defendant P were on the way of one-way passage near the Southern Police Station located in the Southern-dong of Busan Metropolitan City, along with j, on each gner vehicle driven by S, and found that the A-half-way turfed vehicle driven by Madle V11 is driving along the general traffic route, and caused an accident of collision intentionally.

Defendant A1, in collusion with P,j, and S, in spite of the intentional occurrence of this accident and the occurrence of the injury caused by this accident, was hospitalized in the hospital, and had the patient receive the insurance as if the accident was damaged by this accident. At that time, Defendant A1 received a total of KRW 4,190,300 from the victim fire insurance company as agreed money, etc.

17. Forgery of private documents by Defendant A2 and uttering of private documents;

The defendant intentionally attempted to receive insurance money after having intentionally paid a traffic accident like the above '10', and had the power to receive the insurance money even before that accident, and thus, he had the possibility of suspecting the insurance company with the intention to use the written agreement in the name of a punishment.

(a) Forgery of private documents;

On March 13, 2008, the defendant stated to the effect that, without authority, it shall be exercised at the victim's room in the column of the written agreement without the authority in order to exercise it at the room in the room in the room in the room in the room in the room in the court room in the city in Busan, Busan, the defendant received 950,000 won as the legal compensation for the above accident in the column of the resident registration number, "76xxxxxxxxxxxxxxx", and the name of the victim, "the defendant shall receive 950,000 won as the legal compensation for the damage caused by the above accident."

One copy of a written agreement in the name was forged.

(b) Exercising a falsified investigation document;

The defendant submitted to the person in charge of the Dongbu Fire and Marine Insurance Center and exercised the forged agreement as mentioned above at the above date, at the same time and at the place.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Articles 347(1) and 30(1) of the Criminal Act (Appointment of Imprisonment with prison labor), A2: Articles 231 and 234 of the Criminal Act (Selection of Imprisonment with prison labor)

1. Handling concurrent crimes (Defendant A3);

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes (Defendant A1, A2, A3);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Calculation of the number of days pending trial (Defendant A1, A2);

Article 57 of the Criminal Act

1. Suspension of execution (Defendant A4);

Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act does not apply to the same criminal records and severe criminal records, and reflect

1. Order of community service (Defendant A4);

Article 62-2 of the Criminal Act

Judges

Judges Kim Gin-tae

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