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(영문) 전주지방법원 2016.09.30 2016고정535
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

After receiving an accident, the Defendant conspired to receive an agreement from an insurance company after he/she received the accident after he/she intentionally caused an accident with his/her intention to know that he/she was in common.

On March 25, 2013, at around 20:0, the Defendant: (a) committed an accident at the location of an accident where the Defendant, E, F, G, and H, a workplace partner, was operated on the road near the Southern-dong, Nam-gu Incheon Metropolitan City, and (b) the Defendant, at around 20:0, received an accident from Samsung Fire Insurance Co., Ltd. with the content that the Defendant, a driver of the vehicle, would have been injured by the Defendant and his passengers.

However, the fact was a traffic accident that was intentionally planned in advance for the purpose of obtaining insurance money.

The defendant, in collusion with a driver of a vehicle or a driver of a damaged vehicle or his/her passengers, deceivings the victim, and is against the person to whom he/she belongs;

4. Around four occasions, the driver of the affected vehicle and five persons in the same manner were paid insurance money of KRW 11,410,470 for the purpose of agreement, such as receiving KRW 361,190 for medical expenses, and receiving KRW 361,190 for medical expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each protocol concerning the examination of suspect by the police against C or I;

1. Each investigation report (Attachment, such as a copy of the case's separate transfer, and a copy of the person who participated, and a detailed statement of payment of insurance proceeds for an accident, and attachment of an accomplice I, C, H, and G trial results, and an inquiry into criminal experience E);

1. A copy of a letter of transfer of each case;

1. Each summary order [the Defendant was aware that the instant traffic accident occurred normally, and the Defendant was unaware of the fact that E, etc. caused a traffic accident for the purpose of receiving insurance proceeds, and there was no conspiracy to do so. However, the following circumstances revealed by the evidence as follows: ① An accomplice C was aware of the Defendant’s intention to commit the traffic accident insurance fraud, and 40,000 won from the agreement received by each accomplice, including the Defendant, E.

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