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(영문) 대전지방법원 2015.01.30 2014고단4214
사기
Text

The defendant shall be punished by imprisonment with prison labor for two months for each fraud set forth in the attached Table No. 1, the list of crimes, and the remainder of each fraud.

Reasons

Punishment of the crime

On October 21, 2011, the Defendant was sentenced to two months of imprisonment with prison labor and ten months of imprisonment with prison labor for a crime of attempted fraud at the Daejeon District Court, and on December 31, 201, the Defendant was released on July 30, 2012 and the parole period expired on August 22, 2012 while the said judgment became final and conclusive.

On July 22, 2014, the Defendant, at around 10:25, filed a claim with the Korean Personal Taxi Mutual Aid Association for the payment of insurance proceeds to the victim Korean Personal Taxi Mutual Aid Association and received treatment costs of KRW 49,830 on the same day, and the Defendant also received KRW 400,000 from June 9, 201 to July 22, 2014, by asserting that Dsi operated by C had intentionally caused an accident against taxi on a total of 13 occasions, such as written in the list of crimes, and then received KRW 6,532,790 in total under the agreement on medical expenses from the victim, individual taxi mutual aid association and the Korean National Mutual Aid Association.

Summary of Evidence

1. A written statement of the Defendant’s legal statement

1. An accident receipt report (No. 13 No. 13 of the evidence list);

1. Application of Acts and subordinate statutes to inquiry reports, investigation reports (report on confirmation of previous records of the same kind), copies of written judgments, and current status of personal confinement;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (as to each crime other than No. 1 of the annexed Table of Crimes)

1. The latter part of Articles 37 and 39(1) of the Criminal Act that treats Concurrent Crimes (trade between 10 months of imprisonment and 10 months of the attempted fraud, for which each crime of fraud, which is set forth in the annual table of crime committed in attached Form 1);

1. Of concurrent crimes, the reason for sentencing is attached to the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Code (each of the crimes listed in the annexed Table No. 1 per annum, and each of the other crimes).

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