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(영문) 광주지방법원 2014.11.04 2013고단4728 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant intentionally divided into B, C, D, E, and the victim's side of the perpetrator and caused the traffic accident, and then the victim conspireds to receive and divide the agreed amount from the insurance company.

Around 21:40 on June 30, 2012, Defendant B, C, D, and E were intentionally transpied with the above taxi fronter while driving an I taxi, and were sub-concepted with the driver of the said taxi. Around June 30, 2012, the Defendant and B, D, and E were sub-concted on the high-tech road located in the monthly dong of Gwangju Mine-gu, Gwangju. B's Francing on a passenger car, D, E, and H, and C was sub-concted with the driver of the said taxi.

Nevertheless, around June 30, 2012, B, D, and E received KRW 2,750,000 in total, including: (a) the victim Samsung Fire Co., Ltd. claimed insurance proceeds as if the traffic accident occurred due to Defendant C’s negligence; and (b) Defendant B received KRW 680,000 on July 23, 2012 under the pretext of agreement, etc. from the victim; (c) KRW 680,000 on July 23, 2012; (d) the Defendants, D, and E received KRW 680,000 on July 23, 2012, including the above G and H’s agreement.

Accordingly, the defendant, in collusion with B, C, D, and E, acquired the property from the victim.

Summary of Evidence

1. Each statement in the protocol of trial against B and C;

1. Statement of the suspect interrogation protocol concerning B by the prosecution;

1. Each statement of the police interrogation protocol of each of the accused, C, D, and E;

1. Application of Acts and subordinate statutes to all documents related to the details of payment of each insurance proceeds (the accident dated June 30, 2012 and the investigation records 142-152 pages);

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The crime of this case committed by the defendant with the reason of sentencing under Article 62 (1) of the Criminal Act on the suspension of execution is inevitable in view of the fact that the crime of this case committed by the defendant with the reason of the crime of this case is planned to cause an insurance accident and the crime

However, the number of crimes committed by the defendant is only one time, and it was actually introduced B, etc. to the defendant to commit insurance fraud.

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