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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
The defendant, using the fact that it is difficult for drivers to properly see the rear side of the vehicle, had intentionally faced with the vehicle in normal operation, and had the best possible traffic accident, and had the driver receive insurance money from the insurance company under the pretext of agreement, etc.
On March 29, 2016, at around 19:50 on the road in front of Dobong-gu Seoul Metropolitan Government, the Defendant: (a) took the Defendant’s Dam Mam Ma on the road in front of the Dobong-gu, Seoul; (b) avoided the Defendant from leaving the right-hand back to the back of the back of the Mam Mam Mam Mam Mam Mam Mam Mam Mam Mam Man; and (c) deceiving the Defendant’s shoulder on the back of the said Mam Mam Mam Ma, by means of pretending that it was a traffic accident, and was given KRW 1.8 million from the injured party under the pretext of agreement.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A document certifying the preparation of the F;
1. Details of insurance proceeds;
1. A substitute payment resolution;
1. Results of watching CCTV images for crime prevention;
1. The defendant asserts that he has no intention to commit fraud (the insurance company compensation and the employee statement).
However, in full view of the statement of D, an accident confirmed by CCTV, the Defendant’s speech and behavior in the process of demanding the payment of insurance proceeds after the commission of the crime (in this case, even though the Defendant was a minor accident, the Defendant filed a civil petition with the Financial Supervisory Service and received an increase of KRW 700,000,000 of the insurance proceeds on the ground that the initial insurance proceeds are less than 1.1 million won, it can be recognized that the Defendant was facing his body on the vehicle that the Defendant would receive insurance proceeds and caused an accident.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;