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(영문) 서울북부지방법원 2018.01.11 2016고정1126
사기방조
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. C’s crime of fraud was committed on September 7, 2015 by receiving a request from the Defendant, who was known to the usual meeting, to lend the said vehicle to the Defendant upon request from the Defendant.

Since then, C obtained from the Defendant the payment of KRW 7,406,370 from the said employee for the purpose of treatment of medical expenses and repair expenses, on the ground that “A would have been responsible for the increase of the insurance premium later, while driving a motor vehicle under this Article while driving a motor vehicle under this Article, C would have driven by C for the purpose of insurance processing.” The phrase “C would be responsible for the increase of the insurance premium later.” The phrase “C would have obtained the payment of KRW 7,406,370 from the said employee under the pretext of medical expenses and vehicle repair expenses.”

2. On September 22, 2015, the Defendant, in collusion with the Defendant, committed the crime of aiding and abetting the morale of E, as described in paragraph 1, on the roads near H Hospital located in Ischeon-si, Leecheon-si, as described in paragraph 2:40 on September 7, 2015, the Defendant and the Defendant: (a) caused a traffic accident involving the Defendant’s negligence while driving a string of the said vehicle; and (b) the Defendant and E, the owner of the said string vehicle, with the knowledge of the fact that the insurance process would be known, in the event a person other than the owner of the said string vehicle drives, while driving the vehicle, have C receive the insurance as if he was involved in the traffic accident; and (c) the Defendant told C to the said string the phone to receive KRW 7,406,370,00 for the repair cost of the vehicle from the Hyundai Marine Corporation of the Victim; and (d) prevented the Defendant from allowing C to receive KRW 7,406,370.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by C by the witness in the fourth public trial protocol;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of insurance-related data and statements of relevant employees);

1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines.

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