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(영문) 의정부지방법원 고양지원 2016.09.01 2016고정475
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 12, 2015, at around 22:00, the Defendant suffered from the alley of the right-side water surface on the grounds that it cannot be seen while walking a road in the street near the valley of the Yacheon-gu, Seocheon-gu, Seocheon-si.

On July 24, 2014, the Defendant paid the day-to-day hospitalization allowance due to traffic injury to himself as the insured. On July 24, 2014, the Defendant: (a) based on the fact that the Defendant subscribed to the Hyundai Marine Fire Insurance Co., Ltd. for a non-distribution horse driver; (b) even if he did not actually get a bicycle, the Defendant would receive the insurance money from the insurance company by accepting the accident to the Hyundai Marine Fire Insurance Company, the victim, as the victim.

Accordingly, the Defendant was hospitalized in C Hospital, etc. from March 13, 2015 to May 11, 2015 on the ground of the above injury, and filed a claim for the payment of insurance proceeds with the insurance company on May 12, 2015, and made a false statement to the effect that “the Defendant was deprived of his/her losses by getting off and getting off a bicycle.”

As such, the Defendant, by deceiving the victim as such, received KRW 7.2 million from the victim on June 5, 2015 as insurance money.

Summary of Evidence

1. Partial statement of witness D;

1. Second protocol of interrogation of the accused by the police;

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

1. An accident certificate;

1. A payment resolution, the receipt of the accident, the emergency room records, and the page of the initial medical records; and

1. In full view of the following circumstances revealed by the investigation report (related to the confirmation of a physician and nurse in the F Hospital emergency room), investigation report (the statement of a physician and nurse in the F Hospital emergency room who treated A), investigation report (the details of the 119 first-day data submission), emergency medical service report, investigation report (related to the A emergency department and medical record interpretation), investigation report (the location of the accident caused by a suspect's statement and the data on the mobile path search), investigation report (the filing of the data on the moving path search), investigation report (the call call at the front-time fire station), and evidence duly adopted and investigated by the court, the defendant could fully recognize the fact that he/she accused by deceiving the victim insurance company as stated in the facts charged.

(1)

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