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(영문) 전주지방법원 2017.11.17 2017고정679
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person running the "C" representative driver in Y in YYU-gu Seoul Metropolitan City, and D is an agent driver of the "C", and the victim KB non-life insurance company is an insurance company that D purchases the proxy driver's insurance, and the case, other than the substitute driver, which is the substitute driver, was a traffic accident while driving a vehicle of the substitute driver on August 30, 2016, but the substitute driver's insurance was not paid.

In this day, the Defendant and D received an accident by phone call from the employee receiving the non-accident of the victim company as if D had paid the above traffic accident, and around September 6, 2016, the Defendant and D paid KRW 720,000 to the substitute driver of the other vehicle repair company around September 12, 2016; KRW 1,55,000 to the other vehicle repair company of the accident; and KRW 1,087,00 to the other vehicle driver of the same day, respectively, to pay the insurance proceeds of KRW 3,362,00 to the other vehicle driver of the same day.

Accordingly, the defendant, in collusion with D, deceiving the victim company, thereby deceiving the above 3,362,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Details on deduction of premiums, details on subscription to E insurance, and application of statutes on repayment of KB non-life insurance;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the defendant recognized the crime of this case and returned the insurance money acquired by deceit is favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Provisional Payment Order.

It is difficult to resolve the dispute between the defendant and the G that the defendant has been subject to criminal punishment for the same crime, and the dispute between the defendant and the insurance premium is not settled.

In addition, the above circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and after the crime.

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