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(영문) 인천지방법원 2014.08.14 2013고단5271
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The instant facts charged were appropriately revised to the extent that it does not substantially disadvantage the Defendants’ exercise of their right to defense.

Defendant

A is a dump truck driver of corporation D, and Defendant B is a person who is in office as the chief of the ship of the above D and has performed the business of managing company vehicles.

Defendant

A operated a dump truck around 12:00 on September 1, 2012, at the same time, and operated a dump truck in the southwest-gu Seoul Metropolitan Government along the intersection at the distance of the sand-side and the left-hand turn at a sump truck at the speed of the four-lane left-hand turn from the scar on the scarcity in the width of the sand-side and the left-hand turn at the speed of the four-lane in which the signal was violated, and the dump truck was received as the front-hander at the right-hand right-hand speed of the Fump truck in the same direction as the bus in which

When the Defendants came to know that the above E dump truck was not insured, they conspired to receive insurance money by receiving the victims' Hyundai Marine Fire Insurance Co., Ltd. as if other vehicles were involved in the above traffic accident.

Defendant

B accepted G dump truck, which was insured instead of the above dump truck that was not insured on the same day, to the victim company as if the accident occurred. Defendant A received the victim company’s confirmation phone and made a false statement as if the accident occurred as if the accident occurred in the G dump truck, and had the victim company receive KRW 27,081,280 in total from September 10 to October 23, 2012.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement of the police statement related H;

1. A statement on the occurrence of a traffic accident prepared B;

1. Written opinions, records list, and forwarding records;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a summary order and a report on revision of the amount of damage);

1. Relevant Article 347 (2) and (1) of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. Suspension of execution;

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