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(영문) 대구지방법원 서부지원 2019.05.30 2019고단611
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant caused a traffic accident against the vehicle in the crosswalk, and received hospital treatment due to the traffic accident that occurred as above, and had the driver take care of insurance money against the insurance company to which he/she has joined.

On December 1, 2018, at around 15:47, at around 15:47, the Defendant: (a) stopped along the crosswalk in front of the road, which was temporarily stopped by B while walking the crosswalk in front of the right-hand side, and subsequently stopped in front of the Crane car, and led the car to run in the future; (b) caused the traffic accident by going beyond the road, and caused B to receive the insurance.

On December 3, 2018, the Defendant: (a) caused B to receive an accident from the victim D Co., Ltd.; and (b) demanded B to pay consolation money, transportation expenses, and future amount of agreement on the pretext of medical expenses; and (c) received KRW 490,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Request for cooperation with investigations and investigations, such as a report on the occurrence of a traffic accident, a medical certificate, a survey report on actual condition, a photo on the scene of accident, a driver's license register, a tea inquiry register, a letter of payment of automobile insurance money, an accident receipt and contract list, a statement of payment of insurance

1. Application of CCTV images and CCTV-related Acts and subordinate statutes to the crime prevention CCTVs by capturing CCTV images;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the same Act) (Article 62(1) of the same Act provides that the amount of damage caused by the instant crime is not relatively large, the Defendant is recognized to commit the instant crime, the Defendant was sentenced to two years by the Daegu District Court on January 25, 2019, and the Defendant appealed and is pending in the appellate trial (Seoul High Court

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