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(영문) 대구지방법원 2015.01.22 2014고정2617
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, along with B, was on board two vehicles with B, C, and D, conspired with each other, and conspired to receive insurance proceeds as if the cause of the traffic accident was the normal traffic accident after causing the traffic accident.

On April 4, 2012, the Defendant: (a) on the road adjacent to F Hospital E located in the Seocho-gu, Seogu, Daegu; (b) on the G vehicle driven by B according to the above public offering, the Defendant boarded on the G vehicle operated by C; (c) on the H vehicle driven by C; (d) on the temporary stop of the said C Driving vehicle, the Defendant intentionally collisioned with the said B Driving vehicle; and (c) on the premise that the said C Driving vehicle was a traffic accident normally occurred, the Defendant claimed traffic accident insurance proceeds to the Mez fire insurance company, the victim; (d) in collusion with B, etc., as indicated in the attached Table 3 through 6, 89,190 won in total, and (e) on September 25, 2012, the Defendant attempted to commit a collision with the victim’s insurance company by intentionally taking advantage of his/her trade name after having been charged with the vehicle driven by B while on the vehicle operated by B on September 25, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against B, D, or C;

1. Investigation report (Attachment of data to be submitted to the insurer) - The list of accidents;

1. Investigation report (Attachment of data submitted to an insurance company) (Attachment of data submitted to the insurance company) - Points by accident;

1. Investigation Report (Attachment of Data Submitted to Insurance Companies) - Application of the statutes governing the payment of insurance proceeds by accident;

1. Relevant Article 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act (the point of fraud), the choice of penalty for a crime, the choice of a fine;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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