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(영문) 대구지방법원 김천지원 2015.07.22 2015고정137
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 4, 2013, at around 00:18, the Defendant reported an accident to the calendar box of the Kimcheon Police Station on the following purport: (a) on the front side of the peace public parking lot located in the Kimcheon-si, Kimcheon-si, that the victim C driver did not take any action against the Defendant’s left part of the motor vehicle; and (b) the Defendant reported the accident to the calendar box of the Kimcheon Police Station.

However, there was no such a traffic accident.

Ultimately, as seen above, the Defendant deceptioned the victim Samsung Fire Co., Ltd., an insurance company of the victim C and the above earth vehicles, and obtained 3,000,000 won from the victim C as agreed money, and acquired 1,195,480 won from the victim Samsung Fire Co., Ltd as agreed money, and acquired it by the victim Samsung Fire Co., Ltd.

Summary of Evidence

1. Each legal statement of witness C and E;

1. An interrogation protocol of F by prosecution;

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

1. A survey report on actual condition, on-site inspection photographs (including CCTV screen pictures of public parking lots in the peace market);

1. Detailed statement of transactions of automatic cash withdrawal and withdrawal (C);

1. On October 4, 2013, the Defendant and the defense counsel denied the instant facts charged by asserting that the actual traffic accident occurred at the entrance of the e-mail parking lot located in Kimcheon-dong, other than the place indicated in the instant facts charged, since the traffic accident occurred, it cannot be deemed that the victims obtained money under the pretext of agreement, such as agreement, etc.

In light of the following circumstances acknowledged by each evidence mentioned above, i.e., ① the victim C and E’s investigative agencies and this court’s statements are consistent, specific, and different from those mentioned above, and the credibility is recognized in light of the attitude of the statements in this court. ② In light of the reliable victim C and E’s statement and the CCTV screen of the public parking lot in peace market, this case’s statements are considered as follows.

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