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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On January 31, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Jung-gu District Court on February 8, 2013, and the sentence becomes final and conclusive on February 8, 2013. On September 3, 2013, the Jung-gu District Court sentenced five months of imprisonment with labor for embezzlement, which became final and conclusive on January 6, 2014, and the said suspension of execution became void, and the execution of the final sentence was terminated in the North Korean defectors’ Second Prisons prison on October 15, 2014.
【Criminal Facts】
According to evidence (see, e.g., the third police interrogation protocol against the defendant, each request for investigation, each insurance data, and each insurance data), it can be known that the defendant intentionally received the agreed amount from the victim insurance company or made the relevant hospital and repair company pay the insurance proceeds by insurance fraud with the content of causing a traffic accident. Accordingly, part of the facts charged was revised accordingly.
In order to raise money, such as living expenses and entertainment expenses, the defendant saw a narrow sloping path, etc. driven by a motor vehicle, followed by night hours where it is difficult to secure the driver's view, and tried to borrow insurance money by intentionally stopping the stob and causing a contact accident.
1. On August 2, 2015, at around 21:30, the Defendant: (a) reported that the vehicle of the C Sp-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P
The Defendant received a total of KRW 1,674,500 from the victim as agreed money, etc.
Accordingly, the defendant, by deceiving the victim, received property or let a third party receive property.
2. On January 7, 2017, the Defendant violated the Special Act on Insurance Fraud Prevention, at least 19:40, from a fluorous alley path located in the Gecheon-gun, Gyeonggi-do.