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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 25, 2011, the Defendant requested D (the issuance of a summary order in fraud on October 21, 2016) to request D (the issuance of a summary order in fraud on October 21, 2016) to make a false report on the victim's Korean-Japan Non-Life Insurance Co., Ltd. as if the accident occurred while driving a re-scheduled vehicle without a driver's license and causing a traffic accident.
Accordingly, around January 25, 201, D calls to the staff in charge of the victim's company on January 25, 201, and "A was involved in a traffic accident while driving C again in the vicinity of F school located in the Chungcheongnambuk-gun E around January 25, 2011.
“The insurance money was claimed when making a false statement.”
However, in fact, the person who drives the above C in the vicinity of the EF school of the Chungcheongbuk-gun in the above day was not D but the defendant.
The Defendant and D conspired, as seen above, received KRW 47,300,000 as insurance money from the victim by deceiving the victim, and then transferred to the victim through the account in the name of D around March 18, 201.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Statement of the police statement related to G;
1. Application of the Act and subordinate statutes to the letter of confirmation (Evidence No. 23), on-site photographs, photographs of accident vehicles, and insurance proceeds;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is that not only the relevant fraud victim but also the overall insurance subscribers’ insurance premium increase according to the principle of non-life insurance but also the damage inflicted on the whole society, and thus, the crime of this case is not very good.
In addition, the defendant has been punished as a crime of fraud.
However, the fact that one's mistake is divided and reflected, that one's agreement is reached with the victim, and the defendant's age and sex are committed.