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(영문) 대구지방법원 김천지원 2013.07.19 2013고정361
사기미수
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 26, 2013, the Defendant was sentenced to a suspended sentence of one year, etc. for six months of imprisonment for fraud at the Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on June 13, 2013, and on June 27, 2013, the Busan District Court sentenced one year and six months of imprisonment for embezzlement, etc. at the Busan District Court's Busan District Court's Dong Branch, and the judgment was

7. 5. Finality has been established.

The Defendant and B paid a fine due to the same insurance fraud incident to the Defendant, and when the Defendant borrowed 4,50,000 won from B, the Defendant and B intentionally provided that B would claim insurance money and receive insurance money from the insurance company after paying a traffic accident, and B consented.

On July 4, 2012, around 20:45, the Defendant: (a) driven a D ready-light vehicle in front of the Gu-U.S. Pungdong near the Gu-U.S. Pung-si, and (b) intentionally seeed the left side part of B where the above crosswalk was cut off with the front part of the above crosswalk B, and (c) took a telephone to the victim Hyundai Marine Fire Insurance Co., Ltd., which he/she joined, received a traffic accident on the ground that the above traffic accident occurred; and (d) claimed the insurance money against the victim company as if B suffered an injury due to the above accident.

As above, the Defendant conspired with the victim company B to receive money under the pretext of medical treatment and agreement by deceiving the victim company, but as long as the Defendant had the same domicile as that of the Defendant, the Defendant did not intend to commit an attempted crime without having to bring about a false declaration by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Reports on the occurrence of traffic accidents, reports on actual condition investigation, and photographs;

1. A medical certificate;

1. Previous records of judgment: Two copies of the results of case search bound in the records of public trial, and the application of four copies of the judgment;

1. Article 352 of the Criminal Act and Articles 352 and 352 of the Criminal Act concerning criminal facts;

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