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(영문) 서울남부지방법원 2013.06.05 2013고단742 (1)
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant caused an insurance accident by pretending to B, C, D, E, and traffic accidents, and conspired to receive insurance money from an insurance company to divide it into two types. On October 13, 201, the Defendant, at around 20:00, around the long-distance 100 meters away from the direction of Guro-gu Office in the large forest basin of Yeongdeungpo-gu Seoul Metropolitan Government, and under the direction of B, D is the front part of the above vehicle while driving a FDap vehicle, and C is driven by the front part of the vehicle while driving the vehicle in the front section, and caused a traffic accident where the Defendant and E are deliberately receiving the back part of the passenger vehicle in the large forest basin of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

After that, although the defendant, C, and E did not have a different place through the traffic accident above, C, E, and the defendant were hospitalized at H Hospital, and the defendant claimed insurance money, such as medical expenses, to the victim Dong Fire Marine Insurance Co., Ltd. on October 17, 201. The defendant received from the victim the agreed amount of KRW 1.1 million on October 19, 201, medical expenses of KRW 191,000 on October 19, 201, KRW 425,400 on October 24, 201, and KRW 110,000 on October 17, 201, and KRW 15,00 on October 19, 201, KRW 100 on medical expenses of KRW 15,00 on October 17, 201, and KRW 100,000 on the defendant's medical expenses of KRW 101,01,214.

Accordingly, in collusion with B, C, D, and E, the Defendant received insurance money equivalent to the sum of KRW 4,013,640 from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Application of the police interrogation protocol of C, D, and E to each police interrogation protocol;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning facts constituting an offense. Article 347 (Selection of Punishment of Fines)

1. It is so decided as per Disposition on the grounds that the crime of this case was committed for the purpose of systematic sentencing under Articles 70 and 69(2) of the Criminal Act, or committed for the purpose of livelihood, the degree of participation is weak, and the amount of damage has been recovered, etc.

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