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(영문) 춘천지방법원 2017.01.12 2016고단1025
사기미수
Text

A defendant shall be punished by imprisonment for one year.

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

From November 18, 2014, the Defendant entered into a comprehensive fire insurance contract (fire insurance) with a total amount of KRW 310,000,000,000,000,000 for insurance coverage, including the Victim KB Non-Life Insurance (State) and the real estate collateral limit of KRW 100,000,000,000,000, in operating Chuncheon City C, around December 26, 2014. On February 20, 2015, a fire, the cause of which is obscure, occurred in the above D, and the building and the outer ski equipment were removed from the building and the outer ski equipment.

On May 2, 2015, the Defendant sought fire insurance money of KRW 200,695,000, which is the limit of the movable property compensation, and attempted to obtain money from Gins belonging to the damage adjusting group of solar fire-specific species 105,300 won, although the actual amount of damage of movable property is about KRW 204,469,00,00, by submitting a detailed statement of inventory and damage equivalent to KRW 309,774,00,00, a false transaction statement and loan certificate, and a premium contract (hereinafter “business contract”) which increases the amount of the actual premium, which is the limit of the movable property compensation, to obtain money from the victim’s KB non-life damage (=20,000,000 won). However, the Defendant did not have attempted to collect money from such excessive amount of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each prosecutor with regard to I and H;

1. Each police statement to J or K;

1. Each written confirmation of L, M, N,O, and P;

1. A nominal contract for Qin premium and a report on internal affairs (related to international telephone communications for full-time workers);

1. Investigation reports (report attached to materials submitted by an accused agent), general insurance policies, and comprehensive insurance policies that will be operated consecutively;

1. Application of Acts and subordinate statutes to loan certificates, transaction specifications (M), transaction specifications (N), transaction specifications (O) and transaction specifications (O);

1. Relevant Article 352 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the instant crime.

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