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(영문) 서울중앙지방법원 2015.02.06 2014고정5566
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant subscribed to receive insurance money by pretending a traffic accident in which B, C, and the defendant is driving with a vehicle driving by the defendant with B, C, and the vehicle driving.

On August 24, 2010, at around 17:00, the Defendant was partially able to drive a e-car borrowed from D in front of the exit zone No. 4 in the Cheongdamdong, Gangnam-gu, Seoul, and received a part of the back portion of the e-car that B drives in front of the said car.

Nevertheless, the Defendant received insurance due to traffic accidents from the Hyundai Marine Fire Insurance Co., Ltd., which purchased the franchise car, and even though B and C did not have any particular contact, the Defendant was treated by Gneinology, etc.

Accordingly, the victim was paid KRW 1,100,00 as agreed money on August 26, 2010, C received KRW 1,100,000 as agreed money on August 26, 2010, and around August 26, 2010, the victim was paid KRW 260,250 as agreed money, and around August 26, 2010, the victim was paid KRW 247,210 as the medical expenses for Defendant C; KRW 247,210 as the medical expenses for Defendant C; and KRW 1,795,000 as the repair expenses for automobiles with the above EM set on around 31st of the same month; and around April 1, 2011, the Defendant received KRW 800,000 as rental expenses from Dongjin Co., Ltd. and the Defendant received KRW 70,000,00 from B and C.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and B;

1. Written statements of D;

1. Application of the C-related Acts and subordinate statutes to the results of analyzing information on insurance fraud suspicion;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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