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(영문) 대구지방법원 2014.08.13 2014고정640
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 13, 2013, the Defendant, as the representative of the D Amgu Office in the Gmgulbuk-gun, caused an accident where part of the said marries conflict with the back part of the said car while driving the car after driving the car at the F mardo office in the said Amgu office site from around September 2012.

Accordingly, the Defendant knew that the owner of the article above is likely to be eligible for exemption under the terms and conditions of the automobile comprehensive insurance contract of the Korea Commercial Damage Insurance Co., Ltd., which is the victim of the above E, as the Defendant, and conspired with G to claim insurance proceeds by pretending that the owner of the article above is G, even though G was not the owner of the article above, even though G was partly involved in the production of the article above from March 2013.

Around March 14, 2013, the Defendant: (a) prepared a contract for the production of sculptures retroactively from the date when G was prepared to the effect that G was the manufacturer of the relevant sculpture; (b) submitted it to the person in charge of the victim company by facsimile on October 29, 2012; (c) around March 15, 2013, G prepared an accident report as if he/she was the owner of the relevant sculpture and submitted it to the said person by facsimile; (d) claimed insurance money as if the owner of the relevant sculpture was G; and (e) obtained money from the victim as if he/she was G on April 23, 2013 as the owner of the relevant sculpture; and (e) obtained money from the victim to the Daegu bank account in the name of G.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the accused by the prosecution (including E and G part concerning the statement);

1. Protocol concerning the examination of suspect of G;

1. Each police statement related to G and H;

1. A G manual;

1. The place of the receipt of the accident, the contract sheet, photograph, E-certification, G's explanatory note, contract document, G's confirmation, the written confirmation of compensation processing, and the written confirmation of compensation processing;

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