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(영문) 대구지방법원 2017.05.12 2017고단1245
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants, C, D, E, F, G, H, I, J, K, L, and Ma are in motion to receive insurance money from the insurance company by displaying the vehicles involved in each crime, making a false report on insurance with the misrepresentation of the occurrence of traffic accidents.

C On November 19, 2012, at around 21:38, when driving a O vehicle on the front side of the building in Jung-gu, Daegu, Daegu, reported the change of the vehicle, caused some contact by P vehicle, and completed the accident, and received insurance from the victim, because it is pretended that he/she and his/her passenger, D, and J suffered injury due to the accident, and the Defendants, D, and J received insurance from the victim, and the Defendants, D, and J received KRW 4,578,890 in total from November 22, 2012 to December 14, 2012.

Defendants, C, D, E, F, G, H, and I, from that time to December 28, 2015, conspired with each other or four accomplices in the same manner as shown in the list of crimes in the attached Form from that time, and each insurance company engaged in total of KRW 24,98,480 in the same manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police suspect interrogation protocol against the Defendants, Qua, G, I, M, D, E, C, H, and F

1. Statement in each police report on R, S, T, U,V, W, X;

1. Application of the respective film and video Acts and subordinate statutes to the internal investigation report (the details of the accident of the person suspected of being accused and the attachment of data on the amount of the insurance money acquired), internal investigation report (the submission of data on AXA non-life insurance), investigation report (the submission of suspect Q phone), investigation report (the statement of suspect Q phone), and B traffic accident report list;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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