Defendant

Kim Yong-maid

Attorney Scark-scar

A person shall be punished by imprisonment with prison labor for a term of 12 years with prison labor for a term of 1, 2-B, or 2-B of the judgment of the defendant, and for a term of 3 years for a crime

On October 2, 2007, the Defendant was sentenced to a suspended sentence of two years on October 10 of the same month by violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Hongsung Branch of the Daejeon District Court on October 2, 2007, and the said judgment became final and conclusive on December 4, 2008. On December 2, 2008, the Defendant was sentenced to imprisonment without prison labor for 4 months and a fine of 400,000 won by committing a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

In the event of a traffic accident due to economic difficulties, such as failure to engage in loan brokerage business and being registered as a bad credit holder, the Defendant subscribed to the "Drivers Insurance Contract" in which the driver of the vehicle in question is paid criminal agreement support and the insurance money such as license suspension compensation, etc., and sentenced the elderly to receive the insurance money by intentionally paying the traffic accident against the elderly, and reporting the traffic accident with the insurance company as if the traffic accident occurred frequently.

1. Attempted murder;

On March 4, 2008, at least 09:50, the Defendant, driving (vehicle number 1 omitted) X-ray vehicles on the road in front of the operation of the ○○○○ Housing in Seocheon-gun, Chungcheongnam-gu, Chungcheongnam-do, the head of the Sincheon-gu, Chungcheongnam-do, and then discovered the victim Nonindicted 1 (n, 69 years old) from the location of the new village market to the port of port, and killed the victim with the above vehicle, and had the Defendant reported false facts to the insurance company to receive insurance proceeds from the insurance company that the Defendant subscribed to.

The Defendant attempted to kill the victim with the upper right part of the above X-ray vehicle and then to murder the victim. However, the Defendant attempted to inflict on the victim about eight weeks of medical treatment, such as brain, and attempted to inflict on the victim.

2. Fraud;

A. On May 14, 2007, around 14:15, the Defendant: (a) driven a tyco-car (vehicle No. 2 omitted); (b) discovered Nonindicted 2 (the age of 74) while driving a tyco-car on the road in front of Cluri-si, Chungcheongnam-si, Chungcheongnam-si; (c) killed his female intentionally and then reported his death to the insurance company as if a traffic accident occurred, and (d) reported his death to receive insurance money from the insurance company on the front part of the right side of the said vehicle; and (d) caused the female to die due to the multi-pact, long-term damage, etc. on the job.

Nevertheless, the Defendant received KRW 27,00,000 from three insurance companies from May 20, 2007 to September 19 of the same year as indicated in the attached crime inundation (1) as criminal agreement support fund, by falsely reporting a traffic accident as if the traffic accident occurred frequently, and receiving KRW 128,810,150 as criminal agreement support fund, etc.

B. At around 09:50 on March 4, 2008, the Defendant driven (vehicle No. 1 omitted) X-raying vehicle in front of the ○○○○ House in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, the head of the Sincheon-gu, Chungcheongnam-do, and went into the head elementary school from the surface of the new village market to the surface of the port, as described in paragraph (1), and was able to kill Nonindicted Party 1 with the above vehicle, and then receive insurance money from the insurance company. The Defendant got the victim from the front part of the above vehicle in front of the right part of the victim, and suffered injury, such as brain death, which requires approximately eight weeks medical treatment.

Nevertheless, the Defendant received KRW 3,300,000 from three insurance companies from March 5, 2008 to May 15, 2008, as indicated in the attached crime sight table (2), by falsely reporting a traffic accident as if the above Samsung Fire and Marine Insurance Co., Ltd. had been completed a traffic accident, and received KRW 17,421,00 from three insurance companies from around March 5, 2008 to around May 15 of the same year.

C. At around 17:59 on September 5, 2008, the Defendant driven (vehicle No. 3 omitted) a low-speed car on the coast, which is located in the leading west-gun, Seocheon-gun, Chungcheongnam-do, Chungcheongnam-do, and proceeded to the leading third-party 3 (age No. 66), discovered Nonindicted 3 (age No. 66), murdered Nonindicted 3 with the above vehicle intentionally, and reported a traffic accident to the insurance company as if the accident occurred, and caused the insurance company to receive the insurance money by making a false report as if the accident occurred, and caused the above Nonindicted 3 to die from the front part of the right part of the above vehicle to receive the insurance money from the insurance company.

Nevertheless, on September 17, 2008, the Defendant filed a false traffic accident on the 9th of the same month with the victim LIG fire and marine insurance company, and received KRW 20,000,00 as a criminal agreement support fund, etc. by falsely reporting the traffic accident, and received KRW 107,352,170 from three insurance companies from September 17, 2008 to September 23 of the same year, such as the list of crimes (3), and received KRW 107,352,170 as a criminal agreement support fund. On September 12, 2008, the Defendant filed a false traffic accident report on the victim merts, fire and marine insurance company and Hyundai Marine Fire Insurance Co., Ltd., Ltd. as described in the list of crimes (4) as above, but failed to pay the insurance money because the employee in charge of the above insurance company is doubtful as an insurance fraud.

1. Partial statement of the defendant;

1. The witness Nonindicted 4’s legal statement

1. The defendant's partial statement in the first trial record;

1. Each statement made by Nonindicted 5, 6, 7, 8, or 9 in the second trial record;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement on Nonindicted 1, 10, 11, and 12

1. Each investigation report (to attach sent records and copies of prosecution records, attach documents related to the payment of insurance proceeds for traffic death on May 14, 2007, attach documents related to traffic accident insurance proceeds on March 4, 2008, attach documents related to traffic accident insurance proceeds on September 5, 2008, attach documents related to traffic accident insurance proceeds, investigation into voice files on September 5, 2008, details of payment of insurance proceeds and investigation into deposited accounts, attach a statement of scheduled payment of insurance proceeds to modern marine wave drivers, attach a 119-report file, e-mail investigation, attach a e-mail report, details of Samsung Fire Accidents and Agenda, attach financial data, attach documents related to search and seizure of Korean Bank Card, attach documents related to request for provision of financial transaction information, attach reports to the Korea Housing Corporation's credit information to the Defendant's bank, attach documents related to savings bank's credit information collection and reporting to the Defendant's credit information bank, attach good credit information collection records to No. 112, 119833, attach evidence evidence evidence to No.

1. Protocol of inspection;

1. Documents related to the payment of insurance money, such as details of payment related to the Cats Fire Insurance;

1. Criminal records and investigation reports (report attached to a written judgment);

1. Article applicable to criminal facts;

Articles 254 and 250 (Attempted Murder, Selection of Imprisonment) of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act (Attempted Misappropriation, Selection of Imprisonment) of each Criminal Act

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act (each fraud described in paragraph (1) of Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has become final and conclusive on October 10, 2007, and crimes of attempted murder described in paragraph (1) of the same Article, crimes of attempted murder described in paragraph (2) of the same Article, crimes of attempted fraud described in paragraph (3), each fraud described in paragraph (3), and crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Punishment of Crimes in Article 2-1), Article 50 (Concurrent Punishment of Crimes in Article 2-1), Crimes of homicide in Paragraph (1), Crimes of homicide in Paragraph (3) against each of the most serious crimes, and Crimes of homicide) of the Criminal Act (Concurrent Punishment of Crimes in Article 38 (1) 2, Article 50 (Concurrent Punishment of Crimes in Article 2-1)

1. Summary of the assertion

The defendant does not intentionally purchase various recommended driver insurance with the intention to acquire insurance money by intentionally inducing a traffic accident, but also buy a number of recommended driver insurance policies to enable insurance solicitors who come to know through the driver's insurance policy to join the commercial society where the defendant works, and each of the traffic accidents in this case occurred by negligence while the defendant is driving in the state of excessive operation.

2. Determination

A. The premise for judgment

In a criminal trial, the conviction shall be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true. If there is no evidence to form such a conviction, even if there is doubt that the defendant is guilty, it shall be determined as the benefit of the defendant. However, such conviction should not be necessarily formed by direct evidence, unless it violates the empirical and logical rules, and it may be formed by indirect evidence. Even if indirect evidence does not have full probative value as to the facts of the crime individually, if it is deemed that there is a comprehensive probative value that is not independent if comprehensive examination of all evidence is conducted under mutual relation, even if it does not have full probative value as to the facts of the crime (see Supreme Court Decision 2001Do4392, Nov. 27, 2001, etc.).

As to each of the facts charged in this case, the defendant strongly denies that there was no such crime, and otherwise, it is impossible to secure direct evidence, so eventually, it is necessary to determine whether the defendant can be admitted to each of the facts charged in this case on the basis of the circumstances revealed by various indirect evidences presented in this court.

B. Whether the defendant was guilty

However, considering the above legal principles comprehensively taking account of the following circumstances revealed by the evidence as seen earlier, the Defendant may be fully convicted of each of the instant crimes. Therefore, the Defendant’s and the defense counsel’s assertion is without merit.

(i) common circumstances;

A) The Defendant’s financial status and revenue, and the status of insurance coverage

The Defendant, while engaging in a financial brokerage business from around 2002 to March 10, 2009, did not pay a debt amount of KRW 30,000 to several financial institutions. The Defendant registered as a party with bad credit standing and operated a vehicle in the name of another person among the vehicles entered in the crime, and transferred the driver’s insurance money received as the instant traffic accident to the above head of the Tong while lending and using the passbook in the name of non-indicted 10. The Defendant, while working at the above head of the Tong, transferred the insurance money to the above head of the Tong. At the end of 2006, the monthly average of KRW 10-200,000 per month, the average of KRW 130,000 per month in 207,000 per month, and the average of KRW 2.1.5,170,000 per month in 208. The insurance premium of the instant driver’s insurance policy that the Defendant subscribed to is in duplicate with the same insurance coverage other than the driver’s.

B) Details of the driver insurance

The driver insurance policy is an insurance that guarantees the criminal agreement amount, revocation of license, etc. if a driver causes death or injury to another person while driving in voluntary insurance, not a duty, and is paid in whole in duplicate for each company, and if the general contract term continues to be maintained for a long period of not less than 10 years, it is a guarantee insurance that continuously compensates even if the accident occurred several times. Generally, in addition to the comprehensive vehicle insurance, a person who owns or drives a motor vehicle purchases a vehicle insurance policy, it is not often a case where not less than three drivers are covered by the criminal agreement, but it is very exceptional. The driver who directly pays the driver insurance may agree with the victim through the comprehensive vehicle insurance policy or otherwise agree with the victim regardless of the criminal agreement. The defendant already knew the characteristics of the driver insurance before he purchases the driver insurance through Nonindicted 4, and as seen below, the defendant, other than the comprehensive vehicle insurance policy, even if two or more drivers have also subscribed to the driver insurance, was confirmed as to whether he/she has purchased the additional insurance money by himself/herself to the driver insurance counselor.

C) The common point of the victims of each of the instant traffic accidents

The Defendant caused three traffic accidents between one year and four months. On May 14, 2007, Nonindicted Party 2, the victim of traffic accident, Nonindicted Party 1, at the time, was 74 years of age, and on March 4, 2008, Nonindicted Party 1, the victim of the traffic accident, at the time, was 69 years of age and 66 years of age at the time. The victim of the traffic accident, Nonindicted Party 3, the victim of the traffic accident, on September 5, 2008, was all older than 66 years of age at the time. In the event that the elderly died due to the traffic accident, an agreement is reached between the bereaved family and Nonindicted Party 2, the Defendant was 5 million won of the victim’s bereaved family, and the victim’s bereaved family

2) On May 14, 2007, traffic accidents

A) Insurance coverage

본문내 포함된 표 보험명 월보험료 가입일 모집인 메리츠화재자동차종합보험 ？ 06. 8. 25. ？ 삼성화재 올라이프 운전자보험 48,660원 06. 10. 16. 공소외 4 삼성화재 슈퍼 운전자보험 80,181원 07. 1. 30. 공소외 4 동부화재 다이렉트 운전자보험 29,900원 07. 2. 28 홈쇼핑 공소외 13 ？ 운전자보험금 합계 ？ ？ 158,741원

Around January 12, 2007, the Defendant had already been subscribed to the driver insurance through Nonindicted 4, the Defendant consulted the driver insurance counselors of Home shopping’s home to subscribe to the driver insurance, and confirmed whether the insurance proceeds were paid in duplicate, and concluded the insurance contract on February 28, 2007, which is not a situation where the insurance premiums can be paid in the future. On January 30, 207, the Defendant concluded another driver insurance contract with Nonindicted 4. Meanwhile, the Defendant first concluded the driver insurance contract with Nonindicted 4, stating his intent to buy the driver insurance, and concluded each driver insurance contract with the insurance solicitor, and did not encourage the insurance solicitor to subscribe to the member.

B) Road conditions

The roads, both sides of which are formed into dry field, are limited to the one-way lane, and around 2Km straight line is formed, and there is no obstacle to the driver's view, so pedestrians can easily grasp it, and relatively easily avoid it at the time of a sudden breakdown.

C) The circumstances of traffic accidents

In light of the damaged form of the vehicle and the location of Nonindicted 2 away from the Defendant’s vehicle, the Defendant shocked the victim by driving the vehicle beyond the front line, and appears to have reduced the speed from the front line after the shocking Nonindicted 2. At the accident site, there was no skid mark or shock due to sudden stopping of the vehicle. At the time of the traffic accident investigation, the Defendant claimed that Nonindicted 2 was driven by driving the vehicle at around seven meters prior to the accident site, and that Nonindicted 2 was shocked due to Nonindicted 2’s failure to avoid the accident site while driving the vehicle at around seven meters prior to the accident site. However, it is difficult to understand in light of the fact that the Defendant did not reduce the speed at all at all in the container near the container location.

D) Other circumstances

Although the Defendant received 60 million won only from three drivers’ insurance, the Defendant presented 3 million won as agreed money to Nonindicted 12, the bereaved family member of Nonindicted 2, who was the bereaved family member of Nonindicted 2, and the Defendant again presented 5 million won as agreed money.

3) On March 4, 2008, traffic accidents

A) Matters concerning driver insurance

본문내 포함된 표 보험명 월보험료 가입일 모집인 삼성화재 자동차종합보험 ？ 07. 6. 25 ？ 삼성화재 올라이프 운전자보험 48,660원 06. 10. 16. 공소외 4 삼성화재 슈퍼 운전자보험 80,181원 07. 1. 30. 공소외 4 동부화재 다이렉트 운전자보험 29,900원 07. 2. 28 공소외 13 LIG 라이프파트너 운전자보험 15,910원 07. 11. 12. ARS통해 ？ 운전자보험금 합계 ？ ？ 174,651원

Although the Defendant had already subscribed to the three driver insurance contracts that received criminal agreement amount due to traffic accidents on May 14, 2007, the Defendant confirmed whether the driver insurance amount was duplicately paid to the LIG telephone counselor on November 12, 2007, and entered into an additional contract after confirming whether the driver insurance amount was double paid. Although the Defendant had a monthly average of at least one million won from the upper company in 2007, it is difficult to readily obtain an additional driver insurance policy in light of the circumstances in which the Defendant still had been in arrears with the financial institution, even though the monthly average of at least KRW 1 million was received from the upper company in 2007, the Defendant did not have solicited the insurance company counselor to subscribe to the above driver insurance contract.

B) Road conditions

Housing is an intersection connected to a runway, but it is a limited road that does not interfere with the view of the road.

C) The circumstances of traffic accidents

In light of the skiing mark at the site of the accident and the position after the shock of the victim at the time of the accident, the defendant was running at a speed of not less than 40km, and the defendant seems to have driven rapidly after he shocked Nonindicted 1, and the defendant argued that the defendant did not see Nonindicted 1 by rashing reflect to pass through the intersection, but considering the structure of the above traffic accident and the location of the reflectors, it is difficult to understand that Nonindicted 1 did not deviate from the defendant's view even if the defendant changed reflects, considering the structure of the above traffic accident and the location of the reflectors.

4) On September 5, 2008, traffic accidents

A) Matters concerning driver insurance

본문내 포함된 표 보험명 월보험료 가입일 모집인 삼성화재 자동차종합보험 ？ 08. 6. 17. ？ 동부화재 다이렉트 운전자보험 38,500원 08. 7. 29. 공소외 14 LIG G라이프파트너 운전자보험 14,720원 08. 7. 29. 공소외 9 메리츠화재 파워 레디운전자보험 50,000원 08. 7. 28. 공소외 8 현대해상화재 파워하이카운전자보험 50,000원 08. 8. 1. 공소외 15 ？ 운전자보험금 합계 ？ ？ 153,220원

Around July 28, 2008, the Defendant purchased four drivers' insurance contracts without paying insurance premiums after the accident on March 4, 2008. On July 29, 2008, the Defendant concluded the driver's insurance contract by requesting insurance products that are only guaranteed at the time of an accident without being refunded at the maturity of the insurance. On the same day, the Defendant entered into the driver's insurance contract by requesting the LIG insurance contractor's counselors to reduce refund and strengthen the guarantee nature. On August 1, 2008, the Defendant confirmed whether the insurance contract was established on August 5, 2008 and August 19, 2008. The Defendant purchased the driver's insurance contract on August 2, 2008 by introducing each of the above drivers' insurance to the members of Non-Indicted Party 8 members, and the Defendant did not actively subscribe to the insurance policy on July 29, 2008. The Defendant did not subscribe to the comprehensive driver's insurance policy on August 19, 2008.

B) Road conditions

On the one hand, the two sides of the road is limited to the one-way road that is formed into a dry field, and about 700 meters straight lines are about 300 meters straight lines to the point of accident, and there is no obstacle to interfere with the driver's view, so pedestrians can easily grasp it, and it is easy to avoid it when a sudden situation occurs.

C) The circumstances of traffic accidents

In light of the fact that the Defendant’s vehicle stopped around 30 meters after collision, even after the collision with Nonindicted 3, it seems that the Defendant did not immediately move, even after the collision with Nonindicted 3. At the time of the traffic accident, the Defendant stated that he had a collision with Nonindicted 3, as the Defendant recognized, it is difficult to easily understand that Nonindicted 3 had already been appointed from the 60 to 70 meters prior to the collision, but did not take any measures such as reduction of speed, etc., and the Defendant filed an application for relief and accident report in 119 and 112, and the Defendant’s voice recorded at the time was relatively small, and the Defendant’s voice was a relatively small voice. The Defendant asked the police officer dispatched to the scene that he could receive a stay of execution again.

(d) Other circumstances.

Although the Defendant received 40 million won from two drivers' insurance, and the two insurers claimed 50,000 won as driver's insurance money, the Defendant agreed to the above amount by suggesting that Nonindicted 3's bereaved family members were paid 20,000 won as criminal agreement money from the insurance company.

The Defendant already was punished for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and cannot be punished again. However, even if the Defendant had already been punished for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, it was planned that the Defendant subscribed to three driver insurance in a planned way in order to obtain the agreed subsidy, etc., selected elderly citizens who do not have any awareness for the purpose of receiving insurance money, received the insurance money as one of his own vehicles, and attempted to murder Nonindicted 2, receive the insurance money, and murder Nonindicted 1 again after several months after purchasing the driver insurance, and then murdered Nonindicted 3 again after the four driver insurance, and then murdered Nonindicted 3 again after one month after purchasing the four driver insurance. After each of the of the crimes of this case, he was investigated by the investigative agency as the offender of traffic accident, and submitted a written agreement from his family members to the insurance company, and completed the crime of this case with the degree of 250,000 won and the injury of the Defendant's family members, and it could not be sufficiently cured due to these crimes.

In light of the above point, it is necessary to hold the defendant accountable for strict liability corresponding to each of the crimes of this case. In addition, the defendant's age, character and conduct, family environment, motive and circumstance leading to each of the crimes of this case, circumstances leading to each of the crimes of this case, etc., and the sentencing conditions specified in the records and arguments shall be determined as ordered by taking into account various circumstances.

【Crime List omitted】

Judges Kim Hyun-tae (Presiding Justice)