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(영문) 대전지방법원 2014.01.14 2013고단4719
사기
Text

Defendant

A and C shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for two years.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A, insurance solicitors and sirens with career experience, Defendant B and Defendant C are insurance solicitors, and Defendants B and Defendant C are well aware of the insurance company’s automobile insurance accident management process, and the Defendants conspired to be paid insurance money for disguised traffic accidents by using the permit points.

On July 27, 2011, around 21:25, the Defendants: (a) driven a Y car in the vicinity of the International University located in the Daejeon U.S. H; (b) caused an intentional accident by Defendant C while overtaking ahead of the LA car which Defendant C was driven by Defendant B while driving on the part of Defendant B; (c) filed a claim for insurance proceeds against malicious Co., Ltd., Ltd. and EA and the Non-Life Insurance Co., Ltd., a victim; and (d) Defendant A requested Defendant A to pay the rental fee for the car accident of an insurance company even if he did not use a siren to the NA who operated the rental car through M, to pay the rental fee for the car in cash.

Accordingly, the Defendants conspired to induce victims and received KRW 5,030,960 in total, KRW 1,226,00 in total, KRW 10,518,160 in the following ways: (a) from May 8, 2008 to February 1, 2012, Defendant A received KRW 71,752,094 in eight times; and (b) from Defendant B received KRW 101,936,943 in total, and KRW 54,963,95 in five times, respectively, from May 8, 2008 to February 1, 2012; and (c) from Defendant B received KRW 101,936,943 in total, and KRW 54,963,995 in total, five times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect examination report on theO, P, Q, R, R, T, U, V, X, Y, Z, AA, AB, AC, AD, AE, AF, AG, N, and H;

1. Each police statement made by the police for AI, AJ, AK, AL, AM, N, AO, Q, and M;

1. The payment details of insurance proceeds for each insurance company and the application of Acts and subordinate statutes governing each accident;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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