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(영문) 서울중앙지방법원 2018.11.08 2017고정3562
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 8, 2017, the Defendant driven a BKan-kick on March 21, 2017, and proceeded to the intersection at the entrance of the 7-lane 7-lane in front of Gwanak-gu Seoul Special Metropolitan City, through the digital cross-section from the digital cross-sections. D around the same time, the Defendant driven a spke car and proceeded to the said road. At the time, there was no traffic accident, such as collision between the Defendant and D, and there was no fact that the Defendant could be hospitalized at the hospital due to the said traffic accident.

Nevertheless, the Defendant escaped after having received the Defendant’s knife with the above SP car.

On March 15, 2017, when hospitalized in the F Hospital located in Seocho-gu Seoul Metropolitan Government, and around that time, claimed insurance proceeds to the victim G Co., Ltd. by insurance private person who purchased the said SP car, and deposited KRW 2,690,000 in the one bank account (H) in the name of the defendant on March 21, 2017 from the damage who may know of the fact, and deposited KRW 2,690,00 in the name of the defendant on March 21, 2017, and had the victim pay KRW 479,010 to the F Hospital on April 26, 2017 and May 10, 2017.

Accordingly, the defendant acquired a total of 3,368,300 won from the damaged person.

Summary of Evidence

1. Each legal statement of the witness D, J and K;

1. Legal statement of L partially every witness;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A protocol concerning the examination of suspect of each police station against D;

1. Medical certificates, certificates of release on admission, records of medical treatment, details of payment of insurance proceeds from accidents, and written agreements;

1. The crime of fraud concerning insurance proceeds is established in the event that the defendant files a false insurance accident with intent to acquire insurance proceeds or intentionally causes an insurance accident, and further, he/she suffers minor bodily injury due to an accident that could constitute an insurance accident, even if the defendant would have caused an accident;

Even if this is the intention to obtain insurance money through the cryptization, it shall be distorted to the hospital for a long time.

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