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(영문) 의정부지방법원 2017.08.10 2017고단1803
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant has committed an intentional accident against vehicles in violation of laws and regulations, thereby attempting to acquire insurance proceeds by fraud.

At around 17:45 on July 2015, the Defendant: (a) while driving the CMW 420 car owned by the Defendant and driving the BM 420 car to the left at the 2nd line, the Defendant: (b) reported the D Driving ma car that passed through the safety zone of the first vehicle line; (c) caused an accident of collision with the said EM car by changing the course for the first vehicle; and (d) provided the victim Samsung C&W employee and the driver, an automobile insurance company that was a party to the said EM car, to receive the insurance as if he suffered the victim due to a traffic accident due to negligence.

The Defendant received KRW 5,100,000 from the victim Samsung Fire on September 24, 2015; KRW 1,890,000 upon agreement on October 16, 2015; and KRW 527,770 on October 27, 2015; and KRW 7,506,770 on December 29, 2015; from that time until June 7, 2016, the Defendant received KRW 46,990,120 in total under the name of the insurance proceeds, such as the repair cost for the total of four insurance accidents, as shown in the list of crimes in the attached Table of crimes.

Summary of Evidence

1. Each legal statement of witness D, E, F, and G;

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

1. An accident explanatory note (G);

1. Insurance details, driver's license ledger, and next inquiry;

1. Images to cover the cambling screen of the accident, and wheels photographs of the vehicle at the time of the accident;

1. The cost of Samsung Fire Insurance Documents, certificates of payment of automobile insurance proceeds, certificates of accidents, signs of contracts, drug drawings at the scene of accidents, photographs of destruction of accident vehicles, and estimates of maintenance;

1. KB non-life insurance documents, details of payment of insurance proceeds, receipt of compensation for motor vehicles, inquiry into a motor vehicle insurance contract, tax management vision on the damaged water, report on the results of dispatch to the scene, payment resolution, brief map, agreement, and photograph of the accident scene;

1. Korean-style non-life insurance documents, the place where the accident is received, the contract sheet, the report on the results of the dispatch to the scene of the accident, the map of the accident site, the photograph of the accident vehicle, and the closure of the accident vehicle.

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