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(영문) 의정부지방법원 2015.07.16 2014고정2648
사기미수
Text

1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 12:00 on May 18, 2014, the Defendant is a member of Orababae C, and at around 12:0, the members of the club and the Yabababab, the Defendant was running the Orabab in the order of the Defendant, D, E, F, and G, and the Defendant, who was proceeding at the port around the expiration of the national highway No. 7 in the order of Gangseo-si, Seocheon-si, Yacheon-si, the left-hand side of the Defendant discovered the upper part of the road above the upper part of the Yabababababa, which was cut down by the floor’s sand and turned over to the left-hand side, and the latter part of the Yababababa, which was operated by D, conflicts with the Defendant A’s Obababa.

The defendant and D conspired to receive insurance from D's automobile insurance company that D has joined as a false fact as the accident occurred due to the following confluences of the defendant's Oral part, and to receive the repair cost from D's automobile insurance company.

D around 10:30 on May 19, 2014, after calls to the victim Eastern Fire Marine Insurance Co., Ltd. and completing the call, received an accident as if a traffic accident occurred due to protobane of the defendant who had been driving ahead of the accident. On May 28, 2014, the defendant filed a written estimate for the repair of HJX prepared by JJ at Namyang-si, Namyang-si, J, and filed a claim for the payment of insurance proceeds. The defendant filed a claim for the payment of insurance proceeds of KRW 17,964,00 with the payment of insurance proceeds of KRW 17,964,00,00, but it was doubtful by the head of the Eastern Fire Compensation Service Team, who was aware of the fact that the accident was caused by the defendant's negligence in the course of investigating L et al. or the relationship of the accident.

Summary of Evidence

1. The defendant's statement in court (on the fifth trial date);

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Articles 352, 347 (1), and 30 of the Criminal Act concerning criminal facts. Article 30 (Selection of Fine)

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

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