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(영문) 의정부지방법원 2018.03.15 2017고단5700
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation record on C, D, E, F, G, H, I, J, K, L, M,O, P, Q, R, and S;

1. Statement made by the police against T;

1. Receiving each accident, details of the payment of insurance proceeds, and application of statutes of each record;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 8 of the Special Act on the Prevention of Insurance Fraud (the point of insurance fraud, the choice of imprisonment)

B. Defendant B: Article 8 of the Special Act on the Prevention of Insurance Fraud (Selection of Penalty)

1. Aggravation of concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with punishment prescribed in the Special Act on the Prevention of Insurance Fraud on December 5, 2016, with the largest penalty)

B. Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment stipulated in the Special Act on the Prevention of Insurance Fraud on October 11, 2016, with a heavier penalty)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for one month to 15 years;

B. Defendant B: Fines of 50,000 to 75,000,000

2. Sentencing standards for violations of special Act on the Prevention of Fraud of Insurance within the scope of recommended punishment based on the sentencing criteria;

3. Determination of sentence;

A. Defendant A: Imprisonment with prison labor for one year, two years under a suspended sentence, and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined by comprehensively taking into account the following factors:

3. Unfavorable circumstances: Circumstances that are favorable to repeated crimes of the same kind in the short term: The confession of the crime of this case, and the fact that the damaged person does not want the punishment of the defendant by paying the amount of damages.

B. Defendant U: fine of 2,000,000 won is below.

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