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(영문) 서울서부지방법원 2014.03.31 2014고정256
사기
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

In collusion with B, C, and D, the Defendant intentionally caused a traffic accident and then acquired treatment fees, agreed money, etc. from an insurance company.

On July 29, 2012, around 00:35, the Defendant and B, etc. were driving the Mapo Police Station located in Mapo-gu Seoul Mapo-gu, Seoul, and D driving the E K5 vehicle, and B, the chief of lighting and C, and the Defendant respectively, were partly while boarding the back seat, and received the back portion of the FF Driving G taxi vehicle that was driven ahead of the said K5 vehicle.

The Defendant and B filed a false report on the victim's modern marine fire insurance, which is an insurance company of the above K5 car, as if it were a traffic accident caused by negligence, and despite the absence of any particular injury, the Defendant and B received hospitalization at the H Council located in Mapo-gu Seoul Metropolitan Government and submitted the diagnosis to the victim company.

Around July 30, 2012, the Defendant and B, etc. deceptioned the victim company and received KRW 1,399,000, respectively, from the victim company as agreed money, and had the victim company pay KRW 8,228,760 in total for insurance proceeds, such as agreed money, medical expenses, and repair expenses, as stated in the attached Form (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol (including questioning) of B and C;

1. Statement of the police officer to I;

1. Records of seizure and the list of seizure;

1. Insurance records;

1. Investigation report (report on confirmation, etc. of the amount of damage);

1. Application of statutes governing the statement of insurance proceeds;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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