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(영문) 부산지방법원 2016.01.26 2014고단6946 (1)
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The E of 2015 Highest 6680, F is trying to obtain insurance proceeds from an insurance company by intentionally shocking the HW car, which is F-owned by the G bargaining car operated by the defendant, and E is intended to receive part of the insurance proceeds from the insurance company.

“The Defendant proposed to the effect that it was “,” and the Defendant consented thereto.

E around 00:00 on April 23, 2012, around 00:0, from the YT 2nd, the YW car, F owner, left the HW car and stopped on the road. The Defendant destroyed the said BMW car by intentionally shocking on the left-hand side of the FMW car by driving a Glearning car.

On April 23, 2012, at around 00:19, the Defendant continued to receive the insurance insurance as if the insurance private person of the insurance company for the above BMW car had been driven by F due to negligence while driving the above BMW car, and around that time, F demanded the staff in charge of the victim company to pay the unrepair cost of the above BMW car.

Accordingly, the Defendant, in collusion with E and F, by deceiving the staff in charge of the victim company as above, received 19,000,000 won from the victim company under the name of F on May 16, 2012 as the repair cost for the unpaid repair.

Summary of Evidence

1. The respective legal statements of the defendant and E;

1. Each police statement made to I and J;

1. The K's statement;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes regarding transaction details;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the facts constituting an offense. Article 347 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. We accept the proposal of E that there is no record of criminal punishment exceeding a fine for the same kind of crime with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and that E would intentionally cause an insured incident while holding the repair expense amounting to KRW 20 million.

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