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(영문) 대전지방법원 2018.02.26 2017고단129
사기미수
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On July 19, 2016, the Defendants: (a) stopped at the front of the F fixed zone in Seo-gu, Daejeon on July 17:30, 2016 at the end of the FJ company car in front of the Defendant’s GH company in the front of the Gu-gu, Daejeon; and (b) stopped at the front of the signal waiting.

The taxi of the I driver's Ha was deprived of the objects of the I driver's knife, and the balk, which took place, was pushed down in the wind, and the part behind the I driver's knife was insignificant.

The Defendants conspired to obtain insurance money by means of hospitalization, etc. even though they did not have any injury to the extent that the above minor contact incident occurred.

During the eight days from July 20, 2016 to July 27, 2016, the Defendants hospitalized the Defendants on the ground of the cryp and the crypary base in the GJ in Daejeon Jung-gu, Daejeon.

On August 19, 2016, Defendants filed a claim for the payment of insurance proceeds with the Victim L Cooperatives, and attempted to obtain the amount of KRW 840,000 from L Cooperatives, but attempted to receive the amount of KRW 840,00 from L Cooperatives.

Summary of Evidence

1. Recording of each of the statements of witnesses M, N, I, andO in the first trial record;

1. Each legal statement of witness P,O, and Q;

1. Statement made by the police against M;

1. A written statement of I;

1. Videos related to accidents;

1. A traffic accident analysis and appraisal report (Mad Program);

1. Application of Acts and subordinate statutes governing the receipt for payment of sirens expenses, hospital treatment expenses, and vehicle repair expenses;

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1), and 30 ( point of attempted fraud) of the Criminal Act concerning facts constituting an offense, the choice of fines, and the choice of fines;

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

1. Determination as to the Defendants and their defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act in the provisional payment order

1. The alleged Defendants: (a) visited the hospital by visiting the body from the day following the occurrence of the instant accident; and (b) received hospitalized treatment in accordance with the direction of the doctor in charge; and (c) do not have any criminal intent

2. Determination.

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