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(영문) 인천지방법원 2015.01.30 2014고정4419
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 14, 2012, the Defendant was sentenced to a suspended sentence of one year for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. at the Incheon District Court on February 22, 2012 and the judgment became final and conclusive on February 22, 2012.

On February 26, 2009, at around 21:25, the Defendant was running along with D, E, and F, a C-rayed vehicle operated by B in the vicinity of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. On February 26, 2009.

When the defendant was involved in a traffic accident leading to the front of the vehicle, the driver G was required to receive the accident from the damaged insurance company, the damage insurance company.

However, the above accident was intentionally caused under a prior plan.

The Defendant conspireds with G driver G, driver B of the damaged vehicle and his passengers in advance, and by deceiving the victim on March 4, 2009, the Defendant received a total of KRW 1,413,110 from the victim on March 4, 2009, including a sum of KRW 1,413,110, and KRW 413,110.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol concerning B or D;

1. Details of the payment of insurance proceeds of the accident No. 18, the receipt and details of the automobile accident, the conditions of payment by each person, and written statements of payment by proxy, each written agreement, each medical certificate, each personal treatment cost assessment and written request for payment, each medical expenses review statement, and each medical expenses claim statement;

1. Previous convictions in judgment: One copy of case inspection results and application of Acts and subordinate statutes of one copy of judgment;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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