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(영문) 대구지방법원 2017.08.24 2015고정1608
사기미수
Text

Defendant

A shall be punished by a fine of 700,000 won, and by a fine of 3,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court for fraud, and on November 11, 2016, the judgment became final and conclusive.

Defendant

A is a driver of H Lele or a car, Defendant B is a siren driver, and Defendant B is a siren operator.

On December 4, 2012, Defendant A, while driving the said vehicle, had an accident of collision with the vehicle driven by I in front of the head office of the Daegu Suhyup-dong 1, the Defendants: (a) in fact, in the process of repairing the said vehicle, Defendant A used only JYF Hasta Tran managed by Defendant A for a day; (b) in the process of repairing the said vehicle, Defendant A prepared a motor vehicle lease agreement as if Defendant A used the said YF Hasta car for the said YF Hasta car for 20 days; (c) settled the rental cost of KRW 10,440,000 for 20 days; and (d) conspired to receive the said amount by claiming the said insurance company.

Accordingly, on December 11, 2012, the Defendants settled 10,040,000 won of vehicle sirens between 20 days by using a credit card with Defendant A’s credit card, and on March 27, 2013, Defendant A filed a claim for insurance money with the victim Hyundai Marine Fire Insurance Co., Ltd., and sent the said credit card transaction statement to the victim company by facsimile.

The Defendants deceiving the victim company in the above manner and attempted to obtain the above rental insurance money from the victim company, but Defendant A was determined as the perpetrator in the course of investigating the contact accident, thereby refusing to pay the full amount of the insurance money from the victim company.

Summary of Evidence

1. Defendant A’s legal statement

1. Sales table (10.40,000 won paid to K), and a written reply to inquiries about facts (as of May 15, 2017);

1. Previous convictions (Defendant B): Inquiries of summary information of the case and the application of the text of the judgment (Seoul District Court Decision 2016 order 1324) statute;

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act concerning the selection of punishment for a crime;

1. To treat concurrent crimes;

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