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(영문) 대전지방법원 홍성지원 2018.10.30 2017고정273
사기
Text

Defendant

B and C shall be punished by a fine of KRW 3,000,000.

The above Defendants did not pay the above fine.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendants' exercise of their right to defense, part of the facts charged is revised and recognized.

1. Defendant B and C’s joint criminal act with Defendant B and C, together with Defendant D and C, received a false accident and received insurance money from Defendant C by claiming for a false accident as if the accident occurred due to Defendant C’s operation of the said rocketing cargo vehicle on January 2, 2017 to the 19:05 Gyeong-si, and from the 116 Gyeongcheon Coast Guard at the Gyeongcheon Coast Guard Station, which was driven by Defendant B, while the rocketing cargo driven by Defendant B was in the front direction, and the accident occurred. The said rocketing cargo vehicle was a cargo vehicle owned by Defendant C, which was subscribed to the “limit on the Insured’s Name” agreement with Defendant C as the cargo vehicle owned by Defendant C, and was committed by Defendant C to receive the insurance money.

Accordingly, although Defendant B and C knew that Defendant C was driving the said rocketing car and that Defendant C was not driving, Defendant C referred to that Defendant C was the driver of the rocketing cargo vehicle at the Hanan Police Station Hdistrict at the scene of the accident, Defendant B was a driver of the rocketing cargo vehicle at the site of the accident, Defendant B did not see Defendant B as the driver of the rocketing cargo vehicle at the site of the accident, and around that time, Defendant C received the said accident from the victim G corporation.

As a result, Defendant B and C conspired by deceiving the victim as above and received KRW 65,540 from the victim as the name of hospital treatment on February 17, 2017, D received KRW 8,450,270 in total amount of insurance proceeds, Defendant B received KRW 338,750 in total amount of insurance proceeds, Defendant C received KRW 4,097,610 in total amount of insurance proceeds, and Defendant C received KRW 6,99,130 in total amount of insurance proceeds.

2. Defendant B’s act in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Traffic Act (hereinafter “Road Traffic Act”).

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