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(영문) 수원지방법원 여주지원 2015.08.10 2015고정156
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, along with B and C, parked a car in advance with the friendship-gu in the Leecheon-gu and the Ne-dong line B and C, was parked as a motor vehicle covered by the comprehensive motor vehicle insurance, and then received insurance money from the insurance company under the pretext of unrepairing expenses, and came to use it in installments after receiving insurance money.

B around 15:59 on August 29, 2014, around 15:59, the Defendant parked the EMW 530i car registered in the name D at the entrance of the Songcheon-dong, Songcheon-si apartment. In order to avoid suspicion, the Defendant and C partly set a place away from the above apartment, and the Defendant was at the entrance of the above apartment, and the Defendant partly filed a false claim for insurance proceeds with the victim Samsung Fire Insurance Co., Ltd. by filing a false report with the victim Samsungcheon-dong, Samsung Fire Insurance Co., Ltd. stating, “The accident was caused by having contacted the vehicle parked by negligence.”

However, the above accident was caused intentionally as above.

On September 16, 2014, the Defendant: (a) conspired with B and C, by deceiving the victim company; (b) deposited KRW 6,000,000 with the account in the name of D in the name of the said BMW passenger vehicle under the pretext of unrepairing expenses; and (c) caused the victim company to pay KRW 4,343,00 in the name of the State (State) rental rental car and the cost of damage adjuster, etc.; and (d) acquired the pecuniary profit equivalent to KRW 10,343,00 in total.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol concerning the examination of suspect B or C;

1. Copy of the protocol concerning the examination of suspect B by the prosecution;

1. Application of each Act and subordinate statutes on accident data by Financial Supervisory Service;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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