logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.02.09 2016고단251
사기미수
Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of the first floor and second floor underground in Dongdaemun-gu Seoul Metropolitan Government, and Defendant B was the owner of the second floor, and Defendant B was the owner of Defendant A’s house from the beginning of early 2014.

On November 26, 2012, the Defendants conspired to claim insurance proceeds as if they were engaged in flooding damage after putting in the first basement any things that did not cause flooding damage due to the boiler leakage. Defendant B transferred approximately 80 clocks in the second floor of the said house to the first floor underground, and distributed water above it. Defendant A filed a claim for insurance proceeds with “F insurance company” on a telephone around December 7, 2012, and submitted a claim for the payment of insurance proceeds to the adjuster G, but it did not result in a wind that is refused to pay insurance proceeds by the said G and that it did not result in attempted crimes.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement in the second public trial record;

1. Statement made by the witness B in the fourth public trial protocol;

1. Statement made by the witness G in the sixth public trial records;

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

1. A copy of details of transactions, and a copy of insurance claim;

1. Written appraisal;

1. Investigation report (Submission of evidentiary materials of the suspect A) / [Defendant B]

1. Statement made by the defendant B in the third public trial record;

1. The defendant A's partial statement in the second public trial record;

1. Statement made by the witness G in the sixth public trial records;

1. A copy of details of transactions, and a copy of insurance claim;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant provisions of the Criminal Act and Articles 352, 347(1), and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Determination as to the assertion by the Defendant A and the defense counsel under Article 62(1) of the Criminal Act of the suspended sentence

1. A claim for insurance money was filed by Defendant A, who actually caused flood accidents and damage to the boiler boiler, as indicated in the summary of the claim.

2. The judgment was duly adopted and investigated by this Court.

arrow