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(영문) 수원지방법원 2017.01.19 2016고단4422
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 2014, the Defendant conspiredd to claim insurance money and acquire it by fraud after intentionally causing a traffic accident with D around January 2014.

On January 21, 2014, the Defendant was on board the EV car operated by D and parked at around 21:00, in the vicinity of the Young-gu, Young-gu, Suwon-si, Suwon-si, and at around 21:00, the Defendant was parked there.

In fact, by causing an intentional traffic accident involving FWz automobiles owned by the Defendant, and by pretending to have caused the traffic accident due to negligence during driving, the insurance company of the FWz car as of February 14, 2014 received accident in the same day from the victims of the said LWz car insurance company, and by deceiving the victims of the said LWz car by claiming insurance money, and by claiming insurance money from the victims of the accident on February 14, 2014, it acquired from the victim's accident insurance company as of May 12, 2014, from February 14, 2014 to May 12, 2016, it acquired from the victim's limited liability insurance company 15,784,350 won.

In addition, from August 12, 2013 to April 21, 2016, the Defendant, in collusion with D, G, H, I, J, K, L, L, M, N, andO, received total of KRW 178,376,150 from eight victim insurance companies to receive insurance money, and acquired the insurance money in collusion with G on one occasion, but the Defendant attempted to receive the insurance money from the victim (State) KB non-life insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the examination of the police officer in relation to H, G, I, N, P,O, K, D, M, Q, J, and P;

1. Statement made by the police against R, S, T, or U;

1. Application of Acts and subordinate statutes on data relating to insurance claims;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, the choice of imprisonment for a crime;

1. The defense counsel regarding the defense counsel’s assertion of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be attached.

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