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(영문) 서울동부지방법원 2016.02.17 2015고단2861
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On September 27, 2012, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on May 24, 2013 at the Seoul Detention Center.

[2] The Defendant intentionally driven a car owned by the Defendant, caused a traffic accident, and pretended as if it was a normal traffic accident, and led the Defendant to receive insurance proceeds from the victim non-life insurance company, etc., which is a party to the said vehicle.

On February 2, 2015, the Defendant intentionally driven a vehicle C at the parking lot in Gangnam-gu Seoul Metropolitan Government DD and caused the walls of the building. On February 2, 2015, the Defendant: (a) called “the employee in charge of receiving the insurance contracts of the victim company,” called “the vehicle is damaged and damaged due to a traffic accident that occurred while driving the vehicle; and (b) submitted a medical certificate and a written estimate of the cost of repairing the insurance at the hospital.”

As such, the Defendant: (a) informed the victim’s employee in charge of the victim’s company from the victim, and was paid KRW 1,017,360,00, including KRW 67,360, KRW 700 under the pretext of the agreement, KRW 250,00, and KRW 250 under the pretext of vehicle repair expenses; and (b) from May 14, 2015 by the same method until May 14, 2015; (c) “1,536,350, total amount of KRW 17,536,350,” in the list of crimes committed by the victim’s insurance companies, was delivered to the victim in writing; and (d) the Defendant did not receive any further case from the victim’s non-life insurance company, such as [Attachment] 2,3,70,00 under the name of the agreement, but did not have attempted to receive the insurance due to reasons such as cancellation of the insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (two times, three times);

1. Each police statement made to E, F, and G;

1. H’s written statement (e-mail);

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