Text
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a person who operates a used vehicle sales company in Kimhae-si, a used vehicle sales company in C, which is a used vehicle sales company in D, and E is a person who is engaged in with withstanding in the above used vehicle sales company.
1. Around 12:00 on July 15, 2012, the Defendant and E suffered an assault, such as batling bats, etc., within the said trading company, due to parking problems, and accordingly, E was hospitalized in a hospital.
Nevertheless, the defendant, in collusion with E on August 7, 2012, conspired with E, instead of using assault costs, but manipulating the face of the door due to negligence, and filed a claim for medical expenses for LIG damage insurance, a insurance company.
Accordingly, the defendant, in collusion with E on September 12, 2012, belonged to the victim company and received 2,755,000 won of insurance money from the victim company and acquired it by fraud.
2. Around August 28, 2012, the Defendant, who attempted fraud, was in the state of claiming insurance money, such as the foregoing Paragraph 1, but was not paid, and agreed on the medical expenses, etc. of the above E., 500,000 won.
After that, around September 25, 2012, the Defendant filed a claim with the above victim company for the agreed amount of KRW 500,000,000 for the agreed amount paid to E with false details manipulated as stated in paragraph (1), but did not make payment with the victim company with knowledge that it was false, and did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Each police statement of the F, E, and G;
1. A copy of an application for compensation, or a certificate of insurance claim;
1. Each letter or record;
1. Payment description of insurance money, application of Acts and subordinate statutes;
1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, the choice of fines for the crime, and the choice of fines;
2. Of concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50, and Article 50 of the Criminal Act;