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(영문) 광주지방법원 순천지원 2019.02.21 2018고단1794
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 19:30 on April 21, 2018, the Defendant, at the top of the “C” main point in Franchiscing “C” located in B, had a passenger car driven by the victim D go to the Defendant’s seat, had the victim intentionally faced with the Defendant’s car in the victim’s seat, had the traffic accident occurred, had the victim take care of the situation as if the traffic accident occurred, had the victim take care of the Defendant’s right bridge by deceiving the Defendant’s money in the name of medical expenses or agreement, and had the victim take care of the Defendant’s right bridge by intentionally facing the front part of the victim’s car in front of the victim’s car.

As such, even though the defendant was faced with the victim's car intentionally, the defendant was sent to the F Hospital located in E at the same time due to the victim's negligence and caused a traffic accident by the victim's negligence, and was given medical treatment. On April 24, 2018, the defendant was transferred KRW 100,000 to the account under the name of the defendant as medical treatment and agreement.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Each legal statement of witness D and witness G;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. According to the CD images, it is recognized that the Defendant, not at the time, was faced with the vehicle by entering one’s own name, rather than at the time. Ultimately, the Defendant’s injury caused by the instant traffic accident is not caused by the victim’s negligence, but by the Defendant’s intentional act.

However, according to each of the above evidence, the defendant demanded the victim to reach an agreement after treatment, and did not notify the victim of an intentional accident even though he stated that it was inappropriate at the final agreement stage, so the victim still suffered an injury due to the victim's mistake.

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