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[Defendant A] The defendant shall be punished by imprisonment for ten months.
[Defendant B] The defendant shall be punished by imprisonment for six months.
except that this shall not apply.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on April 24, 2014, and completed the enforcement of the sentence on August 18, 2014. On January 12, 2018, the Seoul Central District Court sentenced Defendant A to three years and six months of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence), and the said judgment became final and conclusive on July 6, 2018.
Defendant
C On January 28, 2014, the Incheon District Court sentenced one year to imprisonment for habitual fraud, etc., and completed the enforcement of the above sentence on July 24, 2014. On October 5, 2016, the Incheon District Court sentenced six months to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on December 15, 2016.
Defendant
D On September 28, 2016, the Seoul Central District Court sentenced one year and six months of imprisonment for fraud, etc., and decided on May 19, 2017.
【Criminal Facts】
1. On December 23, 2014, Defendants A, B, and C knew that there was no actual traffic accident with E, F, and G, but there was no actual occurrence of the traffic accident, Defendant A, B, and C attempted to receive insurance money and receive insurance money by fraud from an insurance company as if the accident occurred.
On December 23, 2014, according to Defendant A’s order, Defendant B received an accident, stating that “On December 23, 2014, at around 13:14, there was no traffic accident, Defendant B called the employee in charge of the Victim H Co., Ltd., and that “On December 23, 2014, in the vicinity of the Bupyeong-gu, Incheon, Bupyeong-gu, Bupyeong-gu, Seoul, the first-way driver’s vehicle was driven by the J-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
As above, the Defendants deceptioned the victim company from December 24, 2014 to January 13, 2015 from the victim company, and that is under its control, E is the aggregate of KRW 1,429,960, and F is medical treatment expenses, i.e., medical expenses, agreed amount, and unrepair expenses.