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(영문) 광주지방법원 2017.04.27 2016고단5989
사기미수
Text

Defendant

A shall be punished by a fine of 4,00,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendants B, around August 14, 2016, 06:06, operated a Ging consortium car owned by Defendant A on the front of Seocho-gu Seoul Metropolitan Government F on the roads of Seocho-gu, Seoul, in order to receive an accident by having caused an accident that Defendant A and Defendant A, who is his father, caused an accident in order to avoid refusing the payment of insurance money, while driving a Ging consortium car on the road located on the side of the road.

On August 19, 2016, at around 15:06, Defendant A claimed insurance money equivalent to the cost of repairing a passenger car, which is a sea-going vehicle, by filing a false report, on August 14, 2016, at around 06:06, Defendant A driven the car on the front side of Seocho-gu Seoul, Seoul, and caused an accident.

The Defendants filed a claim against the victim company about KRW 18,964,00 for G repair cost, which is a harming vehicle, and sought to exempt KRW 1,00,000,000 for the accident charge for the vehicle by I re-checking the damaged vehicle. However, the Defendants did not discover the above fact to the person in charge of insurance handling of the victim company and did not achieve that purpose.

As a result, the Defendants conspired to induce the victim to obtain property benefits by deceiving him and attempted to obtain property benefits.

2. around 06:00 on August 14, 2016, Defendant B driven a Ging-con-car without obtaining a driver’s license from around 100 meters from the front of the mutual infurite in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul to the front road of the Seoul Seocho-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to J;

1. The K's statement;

1. Matters concerning receipt of accidents;

1. A place where an accident is received;

1. A claim for payment of automobile insurance proceeds;

1. Written estimate;

1. Recording notes;

1. The driver's license ledger;

1. The application of the Act and subordinate statutes to the investigation report (verification of CCTV for the purpose of defense).

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