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(영문) 인천지방법원 2014.01.14 2013고정3414
사기
Text

Defendant

A shall be punished by a fine of KRW 2,500,000.

Defendant

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

Reasons

Punishment of the crime

At around 08:30 on January 3, 2013, the Defendants: (a) drive the E Cost Engine in the light bridge of the Young-dong Highway, which is located in the Dong Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) Defendant A was operating the said vehicle at the front part of the said Lone Star-gu-dong-dong-dong-dong-si; (c) caused a traffic accident involving the back portion of the said Loneex-to-car drivened by F with the front part of the said Loneex-on vehicle; and (d) Defendant A was driving the said vehicle at the front part of the said Loneex-to-car.

When the Defendants were unable to process the insurance with "limited special agreement over age 26" in the insurance clauses covered by the said Lone Star Vehicles, they suggested that they replaced the drivers to the Defendant B, and that they received the accident from the insurance company, and that Defendant B consented thereto, as if Defendant A driven, they received the accident from the Mez fire marine insurance company, which is the victim.

As a result, the Defendants conspired to deception the victim as above and acquired the total sum of KRW 20,237,420 from the victim for vehicle repair expenses and treatment expenses.

Summary of Evidence

1. The defendants' respective legal statements (the defendant A is made on the second trial date, and the defendant B is made on the third trial date)

1. The receipt and details of automobile accidents, the details of automobile insurance contracts (E, Ireland), reports on dispatch to the site of the accident, the victim of the accident (property) and the application of the Acts and subordinate statutes governing the payment of insurance proceeds (Defendant A);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act [Defendant B] of the provisional payment order;

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the daily calculation amount: 50,000 won);

1. The Criminal Act of suspended sentence;

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