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(영문) 광주지방법원 2016.01.13 2015고단4663
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates Gwangju-gu C in Nam-gu.

Around February 17:36, 2014, the Defendant: (a) received request from the victim of the foregoing vehicle industry company at the request of the Defendant to see Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod Dod; and (b) despite the fact that the said vehicle was damaged due to a traffic accident, he/she received the total amount of KRW 10,00 from the victim of the said vehicle from around 200 to 4, 15, 2015 and paid KRW 30,000,000 from around 28, 2015 to around 25, 2015 to the day when the vehicle was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. A written request for each insurance repair cost;

1. Application of Acts and subordinate statutes governing vehicle damaged photographs;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In a case where mitigation area (one month to one year) of Class 1 (less than KRW 100,00) is reduced [the person who is specially mitigated] punished, or considerable damage is recovered [the decision of sentence] of this case, the crime of this case can collapse the order of the automobile insurance market, and the frequency of the crime is many.

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