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(영문) 울산지방법원 2014.05.16 2014고정231
사기미수
Text

Defendant

A A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On November 18, 2012, the Defendants conspired to take a minor traffic accident and claim insurance proceeds from D, E, F, and Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

The Defendants conspired with D, E, and F, and called on November 20, 2012 at Ulsan-dong, Nam-gu, Seoul-gu, U.S., and D had contact with the victim's interest State Fire and Marine Insurance Co., Ltd. (168-1688) at the call center (1688) in order to make a false report, and filed a false report with the victim that "if the vehicle was pushed behind and stopped with the signal at the vicinity of the Ulsan-gu, Ulsan-gu, U.S., and then caused contact with H in the rear-gu, Ulsan-gu, and then caused the accident to cover KRW 641,120,00. The Defendants, E, and F demanded the victim to pay KRW 1,00,00 for a traffic accident on the said ground as agreed money. However, D did not have attempted to pay the insurance money by the victim company.

Summary of Evidence

1. Each legal statement of the Defendants and E (as of the second trial date);

1. A protocol concerning the examination of suspect by the prosecution against D or F;

1. Statement of the police statement to I;

1. A report on investigation;

1. A report on the engineering analysis of automobile accident;

1. A claim for expenses incurred in underwriting the insurance;

1. Application of Acts and subordinate statutes to the specifications of calculation of agreed amounts;

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1), and 30 of the Criminal Act concerning criminal facts and the choice of punishment (the point of attempted fraud and the choice of fines);

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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