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(영문) 대구지방법원 2016.02.04 2015고단4755
폭력행위등처벌에관한법률위반(공동공갈)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 18, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court (Seoul District Court), and such judgment became final and conclusive on September 4, 2014.

On November 2012, when a traffic accident occurs, the Defendant paid insurance proceeds from an insurance company under the name of vehicle repair expenses, hospitalization expenses, medical expenses, and agreement deposit. On the basis of expected repair expenses or estimate that is different from the method of paying repair expenses to an insurance company maintaining the vehicle, the Defendant was able to receive large amount of insurance proceeds in the case of an external vehicle where the insurance company directly pays insurance proceeds to the insured or the victim based on the repair expenses or estimate that is anticipated by the insurance company. On the other hand, the Defendant intentionally claimed excessive repair expenses from the insurance company using an excessive estimate of repair expenses, such as treating a traffic accident or a traffic accident in exchange for all parts that need not be exchanged. In the process, the Defendant was willing to receive insurance proceeds from the employees in charge of the insurance company by abusiveing and threatening the employees in charge.

1. On November 2, 2012, the Defendant violated the Punishment of Violences, etc. Act (joint conflict) and the official seal, while driving at the fourth-lane road located in Daegu Suwon-dong, Daegu-dong, the Defendant intentionally reported that he would intentionally cause an accident that he would drive a mixed car operated by D from the front line to the fourth line of the Defendant’s driving direction while driving at the fourth-lane road in front of the Daedong-dong Bank located in Daegu-dong, Seoul-dong, and driving at the fourth-lane road. The amount equivalent to KRW 15 million at the cost of repair for the victim LIG, after he intentionally caused a traffic accident after driving the mixed car driving by the Defendant on the front line of the third to the fourth line of the vehicle.

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