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(영문) 부산지방법원 동부지원 2017.10.12 2017고단1295
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was the owner of a mersh truck on which a mersh with B was loaded, and the completion was damaged due to a traffic accident, and thus, was pretended to be in need of repair, thereby deceiving the victim (owner) Samsung Fire and raising awareness that he would receive insurance money from the damaged person as repair cost.

On September 23, 2016, around 16:00, the Defendant submitted a written estimate prepared falsely to the victim as if the repair cost of KRW 13,286,020 is required through the representative F of the vehicle industry E, and acquired the written estimate from the damaged party as insurance proceeds, which is part of the repair cost stated in the said written estimate, from the victim as a part of the repair cost indicated in the said written estimate, in relation to the traffic accident involving adjacent street lights, etc., connected to the KT T T T T line during the operation of the truck. In spite of the fact that there is no damage due to the said traffic accident, it is not necessary to repair it.

Summary of Evidence

1. Each police statement concerning G and F;

1. Application of the Acts and subordinate statutes to written estimates, specifications of transactions, and investigation reports (with respect to the details of acceptance submitted by the person under consideration);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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