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(영문) 서울서부지방법원 2016.07.07 2015고정1057
사기미수
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is an employee who sells F-wheeled Motor Vehicles in E, and the defendant A is an employee with the same workplace as the GP Bad Motor Vehicle mechanic.

Defendant

B around April 6, 2014, around 14:30 on the road located in G in H-type alone, while waiting for a traffic accident involving a vehicle with an I and two Ka T-wheeled vehicle, J Coin also caused a traffic accident involving a vehicle with the e-mailed e-mail.

However, in fact, the above traffic accident was sold to a third party around August 28, 2014 and continued to be operated by the driver of the vehicle with two wheels as the driver of the vehicle with two wheels, who was in the front of the vehicle, even though he was in the traffic signal even though he was balced with balc.

Nevertheless, Defendant B conspired to obtain insurance proceeds by means of claiming repair costs by unfashing damage caused by Defendant A and the above accident, and delegated Defendant A with the affairs of claiming insurance proceeds. Defendant A stated in the written indictment for a written estimate on April 7, 2014 as “written estimate on March 19, 2013.” However, the date of the instant accident is April 6, 2014; Defendant A prepared a written estimate (34 pages, 95 pages) on April 7, 2014, and submitted it to an insurance company with the following date to claim insurance proceeds, and Defendant A appears to have received the payment of insurance proceeds, and thus, it is recognized as modified as stated in the written indictment.

In addition, even though the victim claimed the payment of approximately KRW 14,70,876 to the victim, the victim did not refuse the payment of the insurance money and did not commit an attempted crime.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness K, L, M, and N;

1. Statement made by the police against theO;

1. A written adjustment;

1. A report on automobile accident engineering analysis;

1. The result of this Court's factual inquiry with respect to the two Koreas in this Court [the Defendants are the Obain of this case presented by Defendant A.

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