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(영문) 광주지방법원 목포지원 2016.09.08 2016고정94
사기미수
Text

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

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

Reasons

Punishment of the crime

Although the Defendant did not enter into an insurance agreement on the rental car cost due to the occurrence of a traffic accident, he had attempted to acquire the rental car cost by fraud by accepting the date of the occurrence of the accident after entering into an insurance agreement.

At around 12:00 on May 2, 2015, the Defendant: (a) while driving a C motor vehicle owned by the Defendant in an industrial complex of Samho-gun, Young-gun, Youngnam, the Defendant: (b) caused an accident that shocked news lux; (c) but, on the same month, the same month.

4. 16:59 around 16:62,00 won, using a credit card, by posting a telephone at the interesting country fire call center, which is a victim, shall be settled and entered into a rental car special agreement, and then the same month.

7. 11:45 At intervals of 11:45, the same month.

6. At around 12:30, he/she received an accident by making a false statement on the date and time of the accident while driving a C (G) vehicle in his/her name at the location of Samho-gu, Suwon-gun, Chungcheongnam-gun, and by making a false statement on the date and time of the accident. On May 6, 2015, around 12:30 on the letter of claim for the payment of automobile insurance money, he/she claimed 65,454 won in the rental car cost by stating that the accident occurred on the roads near the Nauri-ri, Samho-gu

However, the victim's employee D was dismissed, so that the victim's employee D could not achieve that intention, but failed to commit it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Complaints or requests for the payment of automobile insurance money;

1. Application of Acts and subordinate statutes to each investigation report ( analysis of suspect A- submitted records, CD attachment, attachment of photographs of industrial companies and employees of the insurance company, attachment of photographs of vehicles for entertainment and fire submission);

1. Relevant laws of criminal facts, Articles 352 and 347 (1) of the Criminal Act, the choice of fines, and the choice of fines;

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

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

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