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(영문) 대전지방법원 2018.11.02 2018고정882
사기등
Text

A fine of 1,00,000 won for the crime Nos. 1 through 4 of the crime list in the judgment of the defendant, and the same crime list.

Reasons

Punishment of the crime

On June 4, 2012, the Defendant was sentenced to three months of imprisonment with prison labor for larceny at the Daejeon District Court, which became final and conclusive on June 12, 2012, and was sentenced to one year and two months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on April 22, 2015, and that judgment became final and conclusive on July 23, 2015.

At around 21:50 on August 10, 2010, the Defendant: (a) faced with a part of knife at the seat of the body vehicle C, which is driven by the victim B, driving to the Defendant in the alley near the Macheon-dong Office of Cheongcheon-gu, Cheongcheon-gu; (b) requested the victim to compensate and received compensation of KRW 200,000 from the modern sea, which is an insurance company; and (c) obtained it by intentionally causing a traffic accident over five times in total from around that time to May 28, 2014; (d) obtained the total sum of KRW 2,543,450, and acquired it as compensation, and obtained it on September 2, 2014, the Defendant failed to receive compensation by means similar to the 6th method, such as the list of crimes attached hereto, but failed to receive compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on insurance management;

1. Each report on internal investigation, internal investigation (victimD telephone communications), report on internal investigation (victim E telephone communications), internal investigation (victim E telephone communications), report on internal investigation (victim F telephone communications), and report on internal investigation (victim G telephone communications);

1. Previous convictions: Court rulings and application of Acts and subordinate statutes to search each case;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud and the choice of fines) concerning the facts constituting an offense, and Articles 352 and 347(1) (the point of attempted fraud and the choice of fines) of the Criminal Act;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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