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(영문) 대전지방법원 천안지원 2016.06.24 2016고정98
사기
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who has a seeable vehicle C.

On April 30, 2015, the Defendant paid and purchased the 2.5 million won cash from E, the seat of the Defendant at his own location on the day before the date of 2011, but operated the said vehicle and had it until he scraped on April 30, 2015 without changing the name.

Around 03:10 on April 1, 2015, the Defendant, while operating the said vehicle, was in contact with the vehicle having been in excess of the central separation stand on the street in the city of Asan-si on the street, but was aware of the false fact that the said vehicle was covered by limited insurance to one of its nominal owners and thus is unable to benefit from the insurance. As such, the Defendant was willing to claim insurance proceeds by using a special agreement on the operation of a motor vehicle other than the same fire in his spouse D’s name.

On April 1, 2015, the Defendant knew that he was unable to receive insurance proceeds on April 1, 2015, he received an accident in the same department, and then actually carried out the same part of the same unit by temporarily lending the above visible vehicle that he possessed and ordinarily operated, and attempted to obtain insurance proceeds by deceiving the same part of the same unit by false facts. However, the Defendant discovered documents by which the employees of the same department of the fire receive insurance proceeds from being possessed by the said Defendant and ordinarily operated by the said vehicle.

In 2014, the fact that insurance money was received due to the same cause was not confirmed, but did not belong to the attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. The written statement of the defendant;

1. Documents related to the payment of insurance proceeds (Submission of an agent for complaint), on-site photographs, and automobile insurance subscription (LIG);

1. Investigation reports (verification of vehicle ownership relation / Details of claims for insurance proceeds - Application of Acts and subordinate statutes to crime sight/insurance terms and conditions);

1. Relevant Article 352 of the Criminal Act; Article 352 of the Criminal Act; Article 347 (1) of the Criminal Act; and the choice of fines concerning the crime;

1. Article 70 (1) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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