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(영문) 대구지방법원 포항지원 2016.11.03 2016고단965
사기미수
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant A and Defendant B, the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants, E, and F are friendly or high school students.

The Defendants were willing to receive insurance money by intentionally receiving the H 110CC car driven by F with the intention of intentionally receiving the H 110CC car, which is used by E for the purpose of delivering a G cafeteria, and then receiving a false accident from the insurance company as if the accident occurred.

Defendant

A around November 17, 2015, around 23:38, 2015, driving HEb on the front of KEb in the north-guJ at the port of port, and following the I A-to-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-

The Defendants continued to allow E to leave the president L of the G cafeteria which is the owner of the Orabab to the scene of the traffic accident, and the Defendants made L to receive the insurance accident from the victim KB damage insurance company by making it false as if the traffic accident occurred frequently.

Accordingly, the Defendants conspired with E and F to receive property by deceiving the victim, but they did not pay insurance money to the victim staff who became aware of insurance fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Each police statement of L/M;

1. The actual condition survey report;

1. Each investigation report (Presentation of insurance company data; F. military police intelligence; attachment of data; verification of the result of disposal of accomplice F; application of statutes;

1. Relevant Articles 352, 347 (1) and 30 of the Criminal Act and the choice of a penalty concerning facts constituting an offense, and the choice of imprisonment;

1. Defendant A and Defendant B: Article 62 (1) of the Criminal Act;

1. Probation and community service order Defendant A, Defendant B: Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of recommending punishment] of the General Fraud (less than KRW 100 million). The mitigation area (one month of imprisonment or one year of imprisonment) (Special Mitigation).

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