Cases
2014 highest 7335 - 1 (Separation) fraud
Defendant
1.0 (67 - 1), self-employed
2. Prostitution (65 - 1), medium-sized trading business;
3. MUS (79 - 2), self-employed
4. Air (49 - 1), free from office
5. Ansan0 (50 to 2), and non-permanent,
6. KimO (67 - 1), Company Board
Prosecutor
Lee Jong-hoon (Court of Second Instance) (Court of Justice) and Kim Sung-hoon (Court of Justice)
Defense Counsel
Law Firm Inology (For the purpose of Defendant 100)
Attorney Song-dae et al.
Attorney Cho Han-han (Korean National Assembly for the purpose of defendant leap0, Kim00)
Imposition of Judgment
February 27, 2015
Text
Defendant OO may be punished by imprisonment for eight months, by Defendant 0, by imprisonment for six months, by Defendant 1, and by imprisonment for
00 each fine of KRW 2,00,000, and Defendant Kim 00 shall be punished by fine of KRW 800,000, respectively.
Defendant air, OOO, or Ma00 does not pay each of the above penalties on one day.
The above defendants shall be confined to the Nowon-gu for the period of transition.
However, with respect to the defendant and the defendant, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
To order the public official of the defendant to provide community service for 120 hours.
To order the provisional payment of an amount equivalent to the above fines against Defendant air, 100, and 100.
Reasons
Criminal History Office
Defendant 0 was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on January 22, 2009, and completed the execution of the above punishment on March 30, 2009.
Defendant 00, Defendant 1 is the husband and wife of Defendant 1, Defendant 1, and Defendant 00 are the parents of Defendant 1, and Defendant 1 is the father and wife of Defendant 1, and Defendant 1 is the parents of Defendant 1 and Defendant 1.
1. The co-principals of 00, 00, 000, 000 and 000
After intentionally paying a traffic accident, Defendants conspired to acquire insurance proceeds by intentionally receiving an accident from an insurance company.
On May 1, 2010, at around 10:50, the Defendants: (a) drive an automobile in the vicinity of the Pyeong Pyeongdong, Incheon Metropolitan City; (b) Defendant 00 was driven by Defendant 0; (c) 00 was on board the said vehicle; (d) 00 was on board the vehicle; (c) 00 was on the part of the said vehicle on the part of the passenger vehicle; and (d) 00 was on the part of the said vehicle on the part of the Plaintiff’s Hyundai Liber Motor Vehicle Insurance Co., Ltd., Ltd.; and (e) 00 was on the part of the said vehicle on the part of the Plaintiff, as described in the No. 1 of the attached Table of Crimes No. 1, May 6, 2010 through May 28, 2010; and (e) from the victim, each of the Defendants received KRW 7,453,60,60, respectively, for an agreement from the victim.
As a result, the Defendants conspired to receive KRW 7,453,60 from the victim.
2. The co-principals of Defendant 00, 00, 100, 200
After intentionally paying a traffic accident, Defendants conspired to acquire insurance proceeds by intentionally receiving an accident from an insurance company.
The Defendants, at around 11:30 on August 5, 2010, pursuant to the above public offering, received KRW 7,25,960 from the victim Hyundai Maritime Fire Insurance Stock Association by accepting a traffic accident in spite of the receipt of a part of the said car to the Defendant for Eoneone Star bus, which was provided by the Defendant Kim 00, and Eoneone Star, as described in No. 2 in the attached Table No. 16, August 16, 2010 from the victim to September 1, 2010, the Defendant 00 was driving the automobile for the project, and Eone Star bus was operating the automobile for the project. The Defendant Y received KRW 7,25,960 on the aggregate as agreed money, etc. from August 16, 2010 to September 1, 2010 from the victim.
As a result, the Defendants conspired to receive KRW 7,255,960 from the victim.
3. The co-principals of 00, 00, Gong10, Gong10, Ma100, Ma100
After intentionally paying a traffic accident, the Defendants intentionally acquired the insurance money by receiving the accident from the insurance company, but Defendant air conspired to obtain the insurance money by receiving the accident from the insurance company as if the victim of the traffic accident was the victim of the traffic accident although there was no traffic accident because of the fact that there was no traffic accident.
On January 4, 2012, around 19:00, the Defendants: (a) drive the Home Stacker on the front of the Home Stacker in Seo-gu Incheon, Seo-gu; (b) Defendant 00 driven the New Franch on the front of the Home Stacker; (c) Defendant Macker on the front of the said passenger vehicle; (d) EFK on the front of the said passenger vehicle; (e) EFK on the front of the said passenger vehicle; and (e) EFK on the front of the said passenger vehicle; and (e) 00 on the back of the day when the Defendants was on the front of the said passenger vehicle; and (e) 30 days after receiving the traffic accident from the victim Samsung Fire Marine Insurance Co., Ltd., Ltd., the victim Hyundai Marine Insurance Co., Ltd., Ltd., the victim LIG Co., Ltd., Ltd., the victims of the said vehicle; and (e) on January 5, 2012, the victims of the instant agreement were issued from 35 days.
As a result, the Defendants conspired to receive KRW 9,381,705 from the victims.
4. The co-principal committed by Defendant 00, leap0, Gong10, air, OO, and Park O
Although there is no traffic accident, the Defendants conspired to receive insurance money by fraud as if the accident occurred.
On March 27, 2013, at around 18:40, the Defendants received traffic accidents from the Defendant’s Hyundai Marine Insurance Co., Ltd., Ltd., in a false manner as if they were driven by the Defendant’s air while driving a franchise which was occupied by the port, although there was no traffic accident, and received KRW 10,00 in total, around April 10, 2013 to April 19, 2013 to April 2013 to April 19, 2013 to April 25, 2015, respectively, from the Defendant’s air to the Defendant’s official, air, internalO, and foreign exchange, as described in the No. 4 attached Table of Crimes.
As a result, the Defendants conspired to receive KRW 10,452,250 from the victim.
5. The co-principals of 00, leap, gambling, and amb00
After intentionally paying a traffic accident, Defendants conspired to acquire insurance proceeds by intentionally receiving an accident from an insurance company.
According to the above public offering on April 6, 2013: around 18:35, the Defendants were to drive 00 SM5 cars on the roads in front of the Sung-dong, Nam-gu, Incheon, and Defendant 1 was to receive KRW 2,794,00 in total under the pretext of agreement, etc. from April 10, 2013 to April 16, 2013. Defendant 1 was to receive some of the above SM5 cars from the above passenger cars, even though YO was to receive some of the above SM5 cars with nura, Defendant 1 was to receive the traffic accident from the victim AXA Damage Insurance Co., Ltd., Ltd., and then leap was to receive from the victim, respectively, KRW 2,794,00 in total under the pretext of agreement, etc. from April 10 to April 16, 2013.
As a result, the Defendants conspired to receive KRW 2,794,00 from the victim.
6. Joint criminal conduct for Defendant 00, 00, Gong10, Gong10, Magjin, and KimO
After intentionally paying a traffic accident, Defendants conspired to acquire insurance proceeds by intentionally receiving an accident from an insurance company.
On May 24, 2013, at around 18:55, the Defendants received a traffic accident from 00, 00, 00, 00, 00, 00, 00, 00, 200, 200, 200, 200, 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000,00,00.
As a result, the Defendants conspired to receive KRW 6,304,140 from the victim.
7. The co-principals of 00, 00, 000, 000
After intentionally paying a traffic accident, Defendants conspired to acquire insurance proceeds by intentionally receiving an accident from an insurance company.
On August 27, 2013: around 20:27, the Defendants: (a) drive SM5 cars on the roads near the Doundong-dong, Seo-gu, Incheon, Seo-gu; (b) Defendant 00 was driving on the Do-dong, Seo-gu, Seo-gu, Incheon; (c) Defendant GongU-U-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-U-O-O-O-O-U-O-O-O-U-O-U-O-O-U-O-U-O-O-O-O-O-U-O-O-O-O-O-O-O-O-U.
As a result, the Defendants conspired to receive KRW 5,168,140 from the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each prosecutor's protocol of interrogation of Defendants 00, 00, 00, and 00
1. Details of each hole, details of oO transactions, details of each currency, details of O00 currencies, and 00 accidents;
Data, all data on invoice00 accidents, accident details, communications data, investigation reports (payment of omitted insurance proceeds)
(A) 1 copy of the data, the payment of insurance proceeds
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (leaps), and investigation reports (a part of the criminal facts of a suspect);
(2) In the case of each court decision, each court decision shall be made, each of which shall be made.
Application of Statutes
1. Relevant Article of the Criminal Act and the selection of punishment for the crime;
A. Defendant OO, leap, and Gongmi: Articles 347(1) and 30 of the Criminal Code, each of which is the choice of imprisonment
B. Defendant air, inside00, and Kim 00: Articles 347(1) and 30 of the Criminal Act, and each fine is selected.
1. Aggravation for repeated crimes;
Defendant PapO: Article 35 of the Criminal Act (as to crimes No. 1, 2, and 3 of the Judgment)
1. Aggravation for concurrent crimes;
Defendant 00, leap0, Gongus, air, and n00: the former part of Article 37 of the Criminal Act and Article 38(1)2 of the Criminal Act
heading, Article 50
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Suspension of execution;
Article 62(1) of the Criminal Act
1. Social service order;
Defendant Corporation: Article 62-2 of the Criminal Act
1. Order of provisional payment;
Defendant air, inside00, Kim00: Article 334(1) of the Criminal Procedure Act
Reasons for sentencing
In this case, the Defendants conspired to obtain insurance money from an insurance company after intentionally making a traffic accident, and the nature of the crime is not good. In particular, Defendant leap partially committed the crime during the period of repeated crime.
However, the defendants recognized all of the crimes of this case, there are no criminal records, and there are no criminal records of the same kind. The defendant's air is the first offender, the defendant's air is no criminal records of the suspended execution, the defendant's official air, the defendant's air, the defendant's air, the defendant's air, and eu 00 agreed with the victim Samsung Fire Marine Insurance Co., Ltd., and the defendant 00 paid some of the money to the victim's modern Havok damage insurance company and the AXA damage insurance company. The defendant's deposit was made to the victim's modern Havok damage insurance company, Hyundai Havok damage insurance company and the AX damage insurance company, and the defendant Eul paid some of the money to the victim's modern Havok damage insurance company and the AX damage insurance company, and the above victims did not want the punishment of the defendant le). The defendant's age, character and behavior, environment, motive and circumstances leading to the crime of this case, and the order after the crime are determined as follows.
Judges
Judges Lee Jae-in