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(영문) 서울중앙지방법원 2017.05.26 2017고정636
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 2, 2012, the Defendant, at the time of signing into a Council member of Yangcheon-gu Seoul Metropolitan Government 106, did not move out of “a hacker shoulder, arms, and legs while going beyond a bicycle,” such as the content in the insurance money claim.

Nevertheless, the defendant accepted D's proposal that he would compensate for the expenses for various cosmetic surgery, etc. with the private insurance proceeds, and submitted to D the victim IG non-life insurance (State) and the KB non-life insurance (State) of the insurance company of the above F, by June 23, 2014, the defendant pretended to be C Council members, E Council members, and the injured person to be F, who are the children of the defendant, and submitted to the above F, the car and the receipt, etc., stating as if "the surface heat treatment, interference current treatment, and the fixed number of degrees" were implemented, by the above two Council members, from February 3, 2012 to June 23, 2014.

As above, the Defendant received KRW 7,342,00 from the victim KB non-life insurance (ju) and received KRW 5,042,00 in total five times from the victim LIG non-life insurance (ju) and acquired KRW 7,342,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspects of D or G;

1. Application of Acts and subordinate statutes to copies of statements made by victims;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty of a fine of four million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Consideration of the fact that the defendant is the primary offender, the fact that the defendant has agreed to pay the full amount of damage to the victim, and the circumstances leading to this case

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