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(영문) 창원지방법원 2017.11.17 2017고단2237
사기등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant intentionally caused a traffic accident in the manner that he faces a traffic accident against a vehicle bypassing the pedestrian signal or a vehicle in the slowly, and the defendant was willing to obtain insurance money by using the insurance that the other party driver and the defendant subscribed to, for hospital treatment, agreement, etc.

On August 5, 2016, around 13:30 on August 13:30, 2016, the Defendant discovered a FM3 car of E driving that enters the above D parking lot at the front of the entrance of the D, which is located in C, bypassing to the above D parking lot, and required the Defendant to report the accident to E with the front wheel of the bicycle front gate of the above car, on which the Defendant was boarding and driving, and after receiving the front wheel of the bicycle front gate of the above car, the Defendant sustained damages caused by traffic accident by requiring E to report the accident to the victims.

The Defendant received KRW 500,000,00 from the above victim under the pretext of medical expenses and agreement on August 8, 2016, and received insurance money equivalent to KRW 14,385,343 from the victims on a total nine occasions from around that time to February 2, 2017, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant, as shown in the attached list No. 1 to No. 3 of the crime list, by deceiving the victims, received property from the victims, and acquired insurance money by insurance fraud, such as 4 to 9 years.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, H, I, J, and K;

1. A list of payment details of insurance proceeds;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement of payment of insurance proceeds);

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 8 of the Special Act on the Prevention of Fraud by Insurance, and the choice of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.

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