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(영문) 인천지방법원 2016.11.03 2016고정2843
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

When the Defendant needs money, the Defendant walked the alley, intentionally shocked the Defendant’s arms, etc. at the rear of the vehicle that passed through this place, and led to deception of insurance money by deceiving the Defendant as if he was involved in a traffic accident.

1. On March 18, 2014, at around 13:55, the Defendant: (a) committed a traffic accident as if he/she had intentionally shocked the Defendant’s left blue blue on the left blue of the Defendant’s vehicle C that was driven by Maju-si, Seongbuk-gu, Seoul; (b) around March 18, 2014, the Defendant was granted KRW 600,000 from the said victim under the pretext of agreement around March 20, 2014; and (c) received KRW 11,90,000 in total as treatment expenses around March 20, 2014.

2. On June 15, 2014, at around 21:50, the Defendant: (a) was engaged in a traffic accident after he/she intentionally shocked the Defendant’s right side at the right side of the E-to-hand motor vehicle driven by Maju-dong, Seongbuk-gu, Seongbuk-gu, Seoul; (b) around July 21, 2014, the Defendant was provided with KRW 360,160, around July 27, 2014; and (c) around August 27, 2014, around 200, KRW 40,630,430; and (d) around September 27, 2014, KRW 40,4063,406,000, under the name of agreement on July 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A D's certificate of accident;

1. Application of Acts and subordinate statutes on payment of insurance proceeds;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

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

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