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(영문) 서울남부지방법원 2014.04.09 2014고정658
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Seoul Central District Court, and the said judgment became final and conclusive on November 27, 2013.

At around 23:00 on November 4, 201, the Defendant conspiredd with B, C, D, and E to acquire insurance proceeds by intentionally causing a traffic accident, and around 23:00 on the FSM5 car driven by B on the front of the Gwanak-gu, Seoul Special Metropolitan City, the Defendant D, and E, and caused a traffic accident by intentionally receiving the back part of the car while driving the car.

Since then, although Defendant B, C, D, and E did not have any fact of having been different from the above traffic accident, they were actually pretended to have been in need of hospitalization, and were hospitalized in the East Foreign Service Council members, the family-salvology members, and the HH Department members. Upon filing a claim for the payment of insurance proceeds with the victim’s Dong-dong Fire Co., Ltd. from November 8, 201 to November 17, 201, the victim received the total sum of KRW 6,098,470 from the victim for the purpose of agreement, treatment expenses, etc. as shown in the attached crime list from November 8, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. Copies of each police interrogation protocol against E, D, or C;

1. The details of the accident and question points No. 24;

1. Previous convictions: Application of the judgment [Seoul Central District Court 2013 High Court 2013 High Court 2478 (Separation] and the fixed date reporting Acts and subordinate statutes;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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