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(영문) 서울남부지방법원 2016.09.01 2016고정1836
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant intentionally conspired to commit a traffic accident with B, C, D, E, F, G, and H for the purpose of receiving insurance money.

At around 08:45 on March 27, 2012, the Defendant driven by the Defendant on the road located on the luminous Magdong Mag-dong Magdong Magdong, and driven by the Defendant, B, and C to the front offender of the I rocketing taxi operated by the Dong-dong Magdong Ma, and received intentionally the parts behind the J-E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-

Defendant

around April 2012, the victim was paid KRW 1,690,00 for agreed money and treatment expenses; KRW 1,098,090 for agreed money and treatment expenses; KRW 1,593,250 for agreed money and treatment expenses; KRW 1,593,250 for vehicle repair expenses; KRW 1,220,610 for agreed money and treatment expenses; KRW 1,222,710 for agreed money and treatment expenses; and KRW 2,800,160 for agreed money and treatment expenses, respectively.

Accordingly, the defendant, in collusion with B, C, D, E, F, G, and H, by deceiving the victim, and by receiving a total of KRW 9,624,810 as insurance money, the defendant acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of E and F by the prosecution;

1. Copies of each police suspect examination protocol concerning C, B, D, H, and F;

1. Investigation report on accident receipt;

1. A resolution on the payment of mutual aid money;

1. Application of Acts and subordinate statutes (D, H, E, C, and B) to each individual's payment statement of mutual aid funds;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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