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(영문) 인천지방법원 2014.11.20 2014고단5418
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 18, 2009, the Defendant conspiredd to have divided into parts after receiving the agreed amount from an insurance company by intentionally causing a traffic accident with D, E, F, and F. On January 18, 2009, at around 17:49, F was driven by D in the vicinity of the Dong-dong, Bupyeong-gu, Incheon, and at the same time, F was driven by Hggal-ro and followed by the vehicle while getting along D with D, while driving the string-ro vehicle in front of the vehicle.

Defendant, D, and E, at the time of false hospitalization on the ground of a traffic accident immediately thereafter, refer to the purport that “the payment of medical expenses, agreed amount, and repair expenses, as they suffered physical injuries and damage to a motor vehicle by traffic accident,” shall be made by deceiving the victim by claiming insurance money, and the victim was given KRW 6,142,50 in total from January 23, 2009 to February 19, 2009 to the victim’s expense for medical expenses, agreed amount, and repair expenses.”

Accordingly, the Defendant, in collusion with D, E, and F, received KRW 6,142,50 in fraud, and from February 24, 2013 to February 24, 2013, by deceiving the victim insurance companies independently or in collusion with E, etc. on a total of 22 occasions, such as the list of crimes, and received KRW 156,236,560 in total as insurance money from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement on I, J, K, L, M, N,O, P, and Q;

1. AR statement;

1. Records of seizure and the list of seizure;

1. Details of each accident and a detailed statement on the payment of insurance proceeds;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. The crime of this case committed by the accused of this case under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act, which is aggravated for concurrent crimes, is the fraud of insurance money by deceiving the insurance company, and thereby, the insurance company is required to do so;

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