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(영문) 서울동부지방법원 2014.07.17 2013고단1967 (1)
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Although the Defendant and the upper-tier Defendant C did not actually cause a traffic accident in order to prepare a fine for unlicensed accident, the Defendant reported a traffic accident falsely and conspired to receive insurance proceeds in the name of medical expenses, etc., and subsequently, the Defendant decided to act as a driver of DNA car driving cars and the upper-class Defendant C, whose father E, to act as a driver of FM7 car in the name of father E, and concluded that the Defendant would be the employee of H, I, and J, who is an employee of women-friendly G and sidewalk, as the passenger of the Defendant’s vehicle.

Around February 8, 2010, the Defendant and the Defendant received an insurance accident with false content to the victim Dongbu Fire Insurance Co., Ltd., Ltd., which purchased the said SM7 car at the above SM7 location, even though there was no traffic accident, and then received KRW 750,000 from the victim company at the bank account in the name of the Defendant on February 9, 2010, under the pretext of agreement, etc., the Defendant received KRW 750,000 from the victim company as the bank account in the name of the Defendant, and received KRW 750,000,000,000 in total by receiving KRW 750,000 from each of the above G, H, J, and I in cash after deducting a certain amount of money deposited in the bank account in the name of each of the parties.

Accordingly, the defendant, in collusion with the defendant C, acquired money from the victim company under the name of insurance agreement.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of the examination of the suspect by the prosecution against H, I, J,K, andG;

1. An interrogation protocol of the police officer against the above defendant C;

1. Application of Acts and subordinate statutes to report on investigation (the verification of the suspect C's statements concerning the details of false receipt of the suspect C's seven);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant case.

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