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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 15, 2017, the Defendant: (a) around 08:43, while crossing the crosswalk in front of the North Dong-dong, Seo-gu, Gwangju, the Defendant passed the crosswalk in violation of the signal; and (b) even though the Defendant did not have suffered an accident on the said vehicle, the Defendant was able to take a handphone in order to punish the said C; and (c) the Defendant was able to escape from the said vehicle to a Handphone.
'' 112 reported to the effect that it was 112.
Accordingly, the defendant reported false facts to public offices or public officials for the purpose of having a criminal punishment imposed on others.
2. The Defendant in violation of the Special Act on the Prevention of Insurance Fraud, even though the fact at the date, time, and place under the foregoing paragraph was not a traffic accident, caused C to report a traffic accident to the victim DB Non-Life Insurance (State) around December 15, 2017, even though it was not a traffic accident, and during the period from December 15, 2017 to December 27, 2017, the Defendant was aware of the fact that the employee in charge of compensation for the said insurance company filed a false report on the CCTV image in order to obtain insurance money by deceiving the insurance money through an accident agreement, and submitted a written claim for insurance money.
Accordingly, the defendant attempted to acquire insurance money by insurance fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. A written statement on the occurrence of traffic accidents;
1. A written waiver of claim;
1. Application of Acts and subordinate statutes by cutting down the 112 reported case processing table and images related to the accident-related video data;
1. Relevant legal provisions concerning facts constituting an offense, Articles 10 and 8 of the Special Act on the Prevention of Fraud of Insurance Policies (a point of attempted insurance fraud), Article 156 of the Criminal Act (a point of false accusation), and the choice of imprisonment with prison labor;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to the crime of false accusation) of the Criminal Act mitigated;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant's mistake is recognized, and the defendant's attempted crime of insurance company is committed.