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(영문) 서울중앙지방법원 2016.06.24 2016고단2341
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of five million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Single crime committed by Defendant A: No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle, the mandatory insurance of which is not covered;

On March 15, 2015, around 21:30 on March 21, 2015, the Defendant operated a E-ray car that is not covered by the mandatory motor vehicle insurance on the front of the 207 Rool Dol-ro, Seongdong-gu Seoul Metropolitan Government Reading Center.

2. The Defendants’ joint crime: (a) Defendant A driven a E E-ray car not covered by mandatory insurance at the time, place, and place specified in paragraph (1); (b) was paid for a traffic accident in contact with the O-ray without a license plate driven by F while driving the car at the left-hand turn prior to the above rooftop; (c) Defendant B called the Defendant B, who was a type of the car, and asked the Insurance Company to request the receipt of the accident as if the accident was caused by Defendant B, who was driving the G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Defendant

B around March 16, 2015, around 12:17, 2015, by phone called to the employee in charge of receiving the accident of the victims Hyundai Commercial Re-insurance Co., Ltd., and received an accident with false content that “A has caused an accident of collision with Ototoba, while driving the G Atoba-pp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a place where an investigation is received, an accident is received, and a resolution on the substitute payment is adopted;

1. Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Damage Compensation Act (Selection of Imprisonment), Article 347 (1) and Article 30 (Selection of Imprisonment) of the Criminal Act : Article 347 (1) and Article 30 of the Criminal Act (the selection of punishment, the motive and circumstance of participating in the crime, the whole repayment of the punishment, the motive and circumstance of participating in the crime, and the fact that he/she commits a crime and commits a violation, etc.)

1. Aggravation of concurrent crimes (Defendant A) Article 37 of the Criminal Act.

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