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(영문) 인천지방법원 2014.02.18 2014고정263
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the insured of the automobile insurance with the owner of the new SM3 vehicle, and C is the defendant.

1. Fraud around 08:20 on November 7, 2013, 2013, while driving the said vehicle on the front of the “E” restaurant located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, it received the back part of the GHS vehicle that F was driven by driving.

The defendant who is under contact with C and is going to the site shall not be subject to insurance if he/she receives an accident from the insurance company as a driver, and he/she is driving the B vehicle in the same manner.

The victim AXASex insurance company received the accident, and paid 4 million won for the other party's vehicle repair cost, 1840,000 won for the rental fee.

2. On November 7, 2013, the Defendant: (a) claimed self-repair expenses from AXAC insurance company, the victim, on the grounds stated in the foregoing paragraph (1); (b) demanded H, who accepted the said Defendant’s said NewSM3 vehicle, to claim KRW 2,986,804 on Nov. 8, 2013; (c) but (d) was aware of the fact that he/she was driving by a person, other than the actual driver, and subsequently, attempted to obtain insurance money by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written statement prepared in the I;

1. Application of Acts and subordinate statutes for accident records and investigation reporting;

1. Articles 347(1) and 352 and 347(1) of the Criminal Act (the point of fraud and the choice of fines) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 of the provisional payment order;

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