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(영문) 광주지방법원 2012.12.28 2012고단220 (2)
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 9, 201, the Defendant, C, D, A, E, F, and G: around 22:45 on June 22:45, 201, conspired to manipulate traffic accidents and receive agreements from the insurance company at the Sposi-dong, Young Middle School Spool, and then, B shares the role and instruct the method of committing the crime, and G is proceeding as down to the lower side from the upper bank by driving the Defendant, E, F, and H multi-party car.

From the above shooting distance, C stops the signal atmosphere, and C drives an IBS car with D while driving the IBS car, thereby following the IBS car.

On the other hand, the latter part of the Dapart caused an intentional accident.

After that, C and G reported an accident to the Hyundai Marine Fire Insurance Co., Ltd. as if the contingent traffic accident occurred. After being hospitalized at the J Hospital, etc. as if the Defendant and C, D, E, F, and G were injured even though they did not have any different relationship, C and G claimed insurance money from the victim Hyundai Marine Fire Insurance Co., Ltd., and then, they received a total of KRW 15,408,050 from the victim company under the name of medical expenses, agreed amount, vehicle repair expenses, long-term insurance money, etc.

Accordingly, the Defendant, in collusion with B, C, D, A, E, F, and G, by deceiving the victim company, thereby deceiving 15,408,050 won in total.

Summary of Evidence

1. Each legal statement of Co-defendant C, D, E, and F before separation of pleadings and the defendant;

1. Co-defendant B's legal statement before separation of pleadings;

1. Examination protocol of partial public prosecutor’s suspect regarding B (second time);

1. The police statement of K;

1. Each statement in preparation of L, M, N,O, and P;

1. Application of the specifications of accidents prepared by the Financial Supervisory Service, and of each insurance money payment statute;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of punishment for a crime (the selection of a fine - the degree of participation minor);

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

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