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(영문) 서울중앙지방법원 2015.03.20 2014고단10116
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

C In order to intentionally cause a traffic accident and receive a high amount of insurance money, C had D borrow a siren vehicle from the rental car company in advance, and shared the role of the Defendant and E by shocking the Defendant and E with the said rental vehicle, and the insurance company will receive insurance money against the insurance company's compensation team staff.

D On November 18, 2012, as planned in advance, moving G K5 car from G K5 car to the place causing an accident. On November 18, 2012, around 18:50, it stopped the said vehicle as planned in the first alley path in the new forest path No. 5 of Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul, and the vehicle was left behind, and there was no actual shock of the Defendant and E on the rear side of the vehicle.

Nevertheless, D, at around 20:15 on November 18, 2012, as the above vehicle caused injury by shocking the Defendant and E with the foregoing vehicle, had the Defendant and E receive insurance without any other follow-up measures. The Defendant and E, even though there was no shock by the vehicle, was treated as the c, E, and then claimed insurance money from the victim Samsung F&M Marine Insurance Co., Ltd., a rental car insurance company, in collusion with C, E, and D, had the victim deceiving the victim, and then had the victim receive KRW 2,40,000 from the victim under the pretext of treatment expenses, agreement amount, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C and E;

1. The police statement of H;

1. Copies of traffic accident processing manuals, and copies of all documents, such as the details of receipt of the motor vehicle accident;

1. The application of Acts and subordinate statutes on internal investigation reports (voluntary submission of documents relevant to insurance frauds) and accompanying materials;

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

1. The former Criminal Act No. 12575, May 14, 2014.

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