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(영문) 부산지방법원 2013.07.17 2013고정925
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant and B, who were known to the general public, planned to acquire insurance money by forging the false traffic accident even though the occurrence of the traffic accident does not occur.

C around August 26, 2010, at around 23:00, lent the Fone Star Car owned by E from his knowledge of such circumstances, and called to the above E, even though the traffic accident did not occur, C was committed as if the traffic accident occurred while driving the above vehicle while driving the vehicle.

After that, C and D asked to find E to accept insurance as "the occurrence of an accident during the operation of E to enable insurance processing".

On August 27, 2010, E called Dongbu Fire Insurance Co., Ltd., the victim of Dongbu Fire Insurance Co., Ltd., and called the accident manager on August 27, 2010, around 00:45, at around August 27, 2010, E, while driving the said Lone Star car on the main alleyway of the building located in Busan, the previous defendant A's H TG car was predicted, and the accident report was received as if the defendant B, I, and J was injured.

After that, the defendant and B were hospitalized in the L Hospital located in I, J and Busan, and then received total of KRW 3,984,140 from the victimized company for medical treatment and agreement, and delivered it to C and D.

As such, the Defendant and B conspired with C, D, etc., and by deceiving the staff in charge of the above damaged company, and were given a total of KRW 3,984,140 from the victimized company.

Summary of Evidence

1. Each police interrogation protocol of the accused, B, and C;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to E of a copy of police statement;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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