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(영문) 대전지방법원 2013.05.15 2012고정2320
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 18, 2001, the Defendant purchased two insurance products with general injury to two insurance companies, such as subscribing to insurance products with a maturity of 20 years Alurian-Baz Life Safety Insurance, and maintained the contract by purchasing two insurance products with general injury.

On March 2, 2011, at around 15:10 on March 2, 2011, the Defendant: (a) committed a vehicle in the street room located in Daejeon Seodong-gu, with a view to committing a minor traffic accident under which a freight truck drivened by an influor who is going after the signal while going through, was committed by the Defendant, with the opportunity of committing an minor traffic accident under which the vehicle dose of the Defendant’s operation is somewhat confluent, thereby receiving insurance money

Therefore, even though the Seo-gu Daejeon District Council member sent to the "Se-gu Daejeon District Council member" and received treatment and did not actually receive hospitalization, the indictment was written as "24 days" in the 21-day indictment. However, according to the records, it is obvious that it is "21 days", and such correction is made accordingly.

Even if there is no disadvantage to the defendant's right of defense, it is recognized as the above facts of crime ex officio.

See 14 pages 14 of the investigation records. A written confirmation of admission discharge, diagnosis, etc. stated as if the inter-patient was hospitalized shall be attached to the insurance application and shall be attached thereto.

5. On the 25th day of the same month, it submitted a Algerts Lifelong to the 26th day of the same month and received KRW 180,000 insurance money from the damaged company under the pretext of hospitalization expenses, and on the 26th day of the same month, it acquired KRW 560,000 from the above two insurance companies in total for the purpose of hospitalization expenses, such as receiving KRW 380,000 insurance money from the damaged company under the pretext of hospitalization expenses.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each prosecutor's interrogation protocol concerning C;

1. Application of Acts and subordinate statutes governing claims for insurance proceeds;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1.

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