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(영문) 의정부지방법원 고양지원 2015.08.25 2015고단1314
사기미수
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner and the owner of the vehicle of the vehicle C, and the person who purchased the automobile insurance for the above vehicle. D is the defendant.

D On February 13, 2015, around 22:20 on the street in the Dong-dong, Dong-dong, Dong-dong, Seoul, caused a traffic accident that conflicts with urban buses while operating the above low-priced vehicle in the street near the shooting distance.

As there is concern that D is not insured and insurance payment is not insurance, the Defendant conspired with D and conspired with D to do so as to have been driven by the Defendant. The Defendant, by deceiving the victim as if the accident occurred while driving, and then applied for KRW 2,000,000 equivalent to the automobile repair cost, but the suspected victim did not have attempted as a result of delaying payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1) and 30 (Selection of Fine) of the Criminal Act concerning facts constituting an offense;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Whether the sentencing criteria are applied: It is a small case, an attempted crime or a fine case.

3. A fine of KRW 500,000 (including the circumstances and results of the commission of a crime, in particular, the fact that the defendant commits an attempted crime, the fact that the defendant commits an attempted crime, the age, character and conduct and criminal records of the defendant, and the punishment by the public prosecutor);

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