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(영문) 부산지방법원 2013.07.25 2013고정1359
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 15, 2009, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. in the Busan District Court's Dong Branch Branch, which became final and conclusive on December 23, 2009.

On February 1, 2009, the Defendants borrowed the FSS5 car owned by the Defendant from the Defendant from the Nam-gu Seoul metropolitan area, Nam-gu, Busan metropolitan area, and should repair it by destroying the above SM5 car, the Defendants reported a false accident and subscribed to receive insurance money from the insurance company as repair cost.

On February 2, 2009, around 18:52, the Defendant received false insurance with the content that the above SM5 car was damaged due to the occurrence of an accident involving the above SM5 car driven by Defendant C in the Nam-gu, Nam-gu, Busan, Busan, and around 18:33 on February 2, 2009, the Defendant received the insurance with the content that the above SM5 car was damaged.

The Defendants conspired to attract the victim and received 7,80,000 won of insurance money from the victim as repair expenses around February 25, 2009.

Summary of Evidence

1. C’s legal statement;

1. Statement of the police officer to I and documents attached thereto;

1. Previous convictions in judgment: Criminal records, results of case search, and application of a copy of judgment;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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