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(영문) 춘천지방법원 원주지원 2017.01.05 2016고단1093
사기미수
Text

Defendants shall be punished by imprisonment for six months.

However, from the date when this judgment became final and conclusive, the Defendants are sentenced to punishment for two years.

Reasons

Punishment of the crime

Defendant

A is a person driving D cargo vehicles, and Defendant B is a person driving E special driving vehicles.

Defendant

A, around 15:30 on October 5, 2015, while driving the above cargo vehicle around 15:30, and passing through the G industrial refining door located in Gangwon-si, which is located in Gangwon-si, caused an accident involving Defendant B’s towing vehicle. At the time, only the liability insurance was subscribed, the Defendants changed liability insurance to the comprehensive insurance, and the insured was urged to receive the insurance that the accident occurred around October 6, 2015.

Defendant

A around October 5, 2015, according to the above mother, purchased a comprehensive insurance policy with the victim's fire insurance in East Eastern Fire Insurance Co., Ltd., and completed the insurance contract as if the accident occurred on October 6, 2015. Defendant B requested the repair of the above special towing vehicle to I located in G in Gyeonggi-si, and requested the repair cost of KRW 20,889,000 against the victim. However, the said deception was dismissed, and the purport was not achieved.

As a result, the defendants did not intend to acquire 20,889,000 won from the injured party by deceiving the injured party, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the police against J;

1. Each police statement with respect to K and L;

1. Written estimate;

1. A criminal investigation report (Attachment of documents on accident investigation);

1. Application of Acts and subordinate statutes to internal investigation reports (including certificates of subscription to automobile insurance and details of automatic transfer of repair costs), internal investigation reports (records and investigations into attachment of two CDs);

1. The Defendants: Articles 352, 347 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The Defendants, on the grounds of sentencing Article 62-2 of the Criminal Act, deceiving insurance companies and leading up to 20 million won.

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