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1. Defendant A shall be punished by imprisonment with prison labor for ten months;
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
Defendant
A On November 13, 2015, is a person who is engaged in driving of C C in the last car insurance for private car insurance for the victim KB Non-Life Insurance Co., Ltd. (hereinafter “victim”) on November 13, 2015, and the defendant B is a person who is a "D" employee who enters into an emergency mobilization service contract with the victim company.
1. On April 27, 2016, the Defendant: (a) while driving a car for the first time in the vicinity of the Yacheon-gun, Yacheon-gun, Chungcheongnamcheon-do, the Defendant 1: (b) driven a car for the first time on the road in the vicinity of the Yacheon-gun, the car was plucked to the right side by plucking off the car to the right side; and (c) the car was artificially cut off from B to B to arrive at the site, and then cut off the car artificially.
In this regard, Defendant 1 called the call center of the victim company immediately after the said car passes over the border of the fleet, and stated the fact of the accident to E employee E of the victim company for the above purpose on May 4, 2016, by falsely making a false statement on the following purport: “In the course of driving the last car of the vehicle C in the front of the permanent residence of the vehicle, before the inside of the vehicle, the driver shocked the retaining wall to the right side of the Hand to avoid the spunching animal on the road, and again, there was a traffic accident protruding the Hand to the left side, and again, there was a traffic accident protruding the Hand on the left side.”
피고인은 이와 같이 피해자 회사의 직원을 기망하여 피해 자로부터 위 승용차에 대한 전손 보험금 35,410,000원을 교부 받으려고 하였으나, 허위 신고를 알아 챈 피해자 회사가 피고인에게 보험금의 지급을 거절하였다.
Accordingly, the defendant had attempted to defraud the victim by deceiving the victim, but he had attempted to commit the attempted crime.
2. Defendant B, around April 27, 2016, around the 22:12, in the vicinity of the intersection of the Jacheon-gun, Yacheon-gun, Chungcheongnamcheon-do, the Defendant lent the Defendant’s le-car to A, and the Defendant’s le-car was leased to A.