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(영문) 인천지방법원부천지원 2020.09.23 2019고정999
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 11, 2013, the defendant was willing to receive insurance money by making a false hospitalization and reporting the accident to the insurance company even though a minor contact accident occurred by insurance solicitors B, after hearing and accepting the statement that it would be false in order to receive insurance money.

On January 11, 2013, at around 18:55, the Defendant moved along with B’s family members in the E-car driven by B in front of the D Industrial Complex in Gyeyang-gu Incheon, Incheon, and the Defendant was in contact with F, despite the absence of any actual or different place, the Defendant claimed for the payment of the insurance money to employees of the insurance company such as victim H, etc. as if the traffic accident had occurred, and the Defendant received the insurance money from the victims under the name of agreement and medical expenses as shown in attached Table 15.

Accordingly, the Defendant, in collusion with B, received insurance money in the same manner as above, and received insurance money equivalent to KRW 29,68,830 over twice in total, as shown in the attached Table Nos. 15 and 21.

Summary of Evidence

1. Application of each of the following Acts and subordinate statutes (Evidence Nos. 8 through 11 of the evidence record) to the suspect interrogation protocol I of the prosecution as to the witness B of the defendant's partial statement in court, and each police interrogation protocol F of the police interrogation protocol as to J

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel determined the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant had the actual traffic accident occurred while the defendant was on board the vehicle B by chance, and the hospital was hospitalized and treated normally at the time.

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