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(영문) 서울동부지방법원 2013.05.28 2013고정447
사기
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 20, 2012, the Defendant: (a) around 11:20 on the alleyway in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), while driving a D car, sent slowly behind to enter a parking lot located in the home; (b) thus, the Defendant could prevent the accident by stopping or moving back the E vehicle in light of light, even though he/she was able to take any measures to prevent the accident by intentionally causing the accident by failing to take such measures; (c) on April 20, 2012, he/she requested the insurance processing while carrying out the accident as if the accident occurred; and (d) on April 20, 2012, after having the Defendant receive the victim’s injury insurance premium as if the Defendant was injured due to a traffic accident, he/she received KRW 1,1538,140,140 on April 20, 2012 as the insurance money, etc., and then acquired the victim’s injury insurance premium.

2. On June 14, 2012, around 19:25, the Defendant discovered that he/she was driving a bicycle in front of the Seongbuk-gu Seoul Metropolitan G crosswalk, while driving a bicycle, and found that he/she intentionally caused an accident by using a departure signal on the crosswalk and contact with the Defendant’s bicycle, the Defendant demanded an insurance management while driving the accident as soon as the accident occurred. On June 14, 2012, the Defendant: (a) had H receive an accident from the victim Samsung Fire on six occasions from July 20, 2012 to September 27, 2012; and (b) obtained KRW 5,312,000 under the pretext of insurance money, etc. from July 20, 2012 to receive KRW 5,312,000 under the pretext of insurance money, etc.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Statement of the police statement of E;

1. A H statement;

1. Report on intelligence investigation, list of crimes, details of accidents, details of payment of insurance proceeds;

1. Receipt of an accident (140 pages of investigation records), application of a written investigation report (12, 313 pages of investigation records), and application of statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the choice of fines;

1. Articles 37, 38, and 50 of the Criminal Act among concurrent crimes;

1. Detention at a workhouse;

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