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(영문) 부산지방법원 2016.03.23 2015고정4104
재물손괴등
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 is a person who operates a gas station, and B is a self-business, C is a delivery business, D is a university leave student, and E is a hedger.

B, E is between husband and wife, and the defendant, B, C and D are between the ex post facto marriage.

B attempted to replace the headlight of BMW vehicle(F), but the replacement cost is equivalent to 2 million won, so to solve the replacement cost, the vehicle of the victim corporation was leased by the victim corporation, and the driver intentionally caused an accident that stuffs on his/her vehicle to cover the repair cost.

1. Property damage in collusion with the Defendant: (a) around 02:30 on August 13, 2013, the Defendant leased GNF small and medium-sized vehicles located in Busan-dong, Busan-dong, and (b) around 01:17 on August 14, 2013, the Defendant destroyed the front part of the EFW vehicle’s right side and BMW vehicle in front of the front part of the UFW vehicle and the front part of the BM vehicle in front of the other driver’s seat in front of the other driver’s seat, and caused property damage equivalent to KRW 1.420,000 on the other vehicle.

2. Around the time and time stated in the preceding paragraph, the Defendant intentionally caused a traffic accident as described in the preceding paragraph, and pretended to a contingency traffic accident, and received an accident from the victim Samsung Fire Insurance Co., Ltd. which may know of the fact, and acquired it by fraud by receiving KRW 4.5 million insurance money from the victim

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against B, C, D, or E;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to each investigation report and comprehensive descriptions of vehicles;

1. Relevant Article 366 of the Criminal Act, Articles 366, 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and the choice of fines for a crime;

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 70(1) of the Criminal Act to attract a workhouse.

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