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집행유예
(영문) 서울남부지방법원 2013.5.2.선고 2012고단4106 판결
사기
Cases

2012 Highest 4106 Fraudulent

Defendant

1. Kim00 (67 - 1), delivery to active fishing associations;

Seoul Residence

Seoul basic domicile

2. Kim* (70 - 2), and non-permanent,

Seoul Residence

Seoul basic domicile

Prosecutor

Demotion (prosecutions) and creation leap (Trial)

Defense Counsel

Attorney Lee In-ok (Korean National Assembly for all of the defendants)

Imposition of Judgment

May 2, 2013

Text

Defendant Kim0 is punished by imprisonment with prison labor for one year, Defendant Kim * imprisonment for eight months.

However, with respect to Defendant Kim**, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal History Office

On September 14, 2012, Defendant Kim 00 was sentenced to six years in Seoul Southern District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and the judgment became final and conclusive on January 18, 2013.

1. The Defendants’ co-principal

A. The Defendants conspired to obtain insurance money from an insurance company by pretending that they were injured as much as they would have suffered injury due to a traffic accident, and on July 23, 2010: around 40, at the fourth floor of the Home Puler in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, Defendant Kim00 **, Defendant Kim** * son* * son-K (year 6)

Easia** * * * * 40 Ecuba on the part of the driver’s seat of the vehicle and continued to move back the cuba on the part of the cuba on the cuba on the cuba on the cuba, and the cuba on the cuba on the cuba on the cuba on the cuba on the cuba on the cuba on the cuba on the cuba on the c

Nevertheless, on August 10, 2010, Defendant Kim 00 claimed for the payment of insurance money as if he/she had been hospitalized at a hospital due to the above accident to the victim B Fire Insurance Co., Ltd., and it received KRW 900,000,00 from the victim as insurance money for Defendant Kim 00 on August 10, 2010. On August 31, 2010, Defendant Kim Ha claimed for the payment of insurance money as if he/she was hospitalized at a hospital due to the above accident to the victim CLife Insurance Co., Ltd., Ltd., and claimed for the payment of insurance money as if he/she was hospitalized at the hospital due to the above accident, and it received KRW 1,470,00 from the victim CLife Insurance Co., Ltd. as insurance money on September 2, 2010. Defendant Kim * on September 17, 2010, Defendant 10, 2000 marine insurance money from the victim A fire Insurance Co., Ltd., Ltd., Ltd., and received insurance money from the victim.

In addition, from August 10, 2010 to November 5, 2010, the Defendants received total of KRW 22,657,460 from the victim insurance companies in total 28 times in the name of insurance money, medical expenses, etc., as shown in the attached crime list (1) from August 10, 2010 to November 5, 201, and acquired them by deception.

B. On April 28, 2011, the Defendants conspiredd to receive insurance proceeds from an insurance company as if they were involved in a traffic accident. At around 30, the Defendants: Seoul*** private ** 42 village bus's bus's bus's bus's bus's bus's bus's bus stops; Defendant Kim ** * * * * * * * * her bus's bus's being pushed down under the rear stairs of the bus's bus's bus's bus's bus's shut down, but Defendant Kim * * * * * on June 14, 2011, filed a claim for the payment of insurance proceeds as if they were hospitalized at a hospital due to injury under the rear stairs of the bus's bus's bus's bus's rapid flight. The Defendants received insurance proceeds from the victim on June 28, 2011; and received from the victim as if they were hospitalized at the hospital.

Defendant Kim* as well as this, from June 28, 201 to July 11, 2011, Defendant Kim* obtained 3,500,000 won in total from the victim insurance companies for the purpose of insurance money, etc., and obtained 3,50,000 won in total from the victim insurance companies, as shown in the List of Crimes (2) from June 28, 201 to July 11, 201.

2. Defendants, Kim Ma-Ma and Kim Ma-Ma

Defendants, Kim MaMaMaMa, Park 00 pretended as having suffered from a traffic accident and conspired to receive insurance proceeds from an insurance company on December 23, 2010: At around 35, 2010, on the roads in the vicinity of Gangseo-gu, Gangseo-gu, Seoul by introducing MaMaMa Ma Ma Ma 00 to Defendant Kim Kim Kim. Defendant Kim *, Defendant Kim 00, Defendant Kim Kim *, Defendant Kim Ha-, Defendant Kim Ha, Kim Ha, the Defendant's his father, was stopped while driving a oo ********* * The above Ma Ma Ma Ma o-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-car and followed the above oo-sa-sa-sa-sa-sa-a-a-a-sa-a-a-sa-sa-sa-sa-sa-a-s.

Nevertheless, on January 27, 2011, the Defendants, K, and 100 filed a claim for the payment of insurance money with the victim Efire marine insurance Co., Ltd., in which the Defendants, K, and 200 had entered into the same day, as if they had been hospitalized due to the said traffic accident, and Defendant Kim 00 received KRW 2,213,870 under the pretext of agreement with the principal and K, and KRW 1,100 under the pretext of agreement with the principal * 1,00,000 under the pretext of agreement with the principal * 406,000 under the pretext of personal treatment.

From January 11, 201 to May 17, 2011, Defendants and heads of 00 received total of KRW 20,220,99,00 from the insurance companies that were victims for total of 28 occasions under the pretext of insurance money, medical expenses, etc., as shown in the list of crimes in the attached Table (3) from January 11, 201 to May 17, 201.

3. Joint criminal conduct of Defendant Kim 00 and Kim Ma-Ma

피고인과 김 # # 는 2010. 8. 5. 11 : 30경 서울 양천구 신정동 소재 서울양천경찰서 앞 도로에서 김▲▲이 운전하는 * * 라 * * 55호 뉴스포티지 승용차가 인근 공영주차장에서 후 진하여 위 도로로 나오면서 위 승용차의 뒷범퍼 부분으로 피고인이 김 # # 를 동승시켜 운전하던 부산 * * 노 * * 63호 에쿠스 승용차의 운전석쪽 문 부분을 들이받는 사고를 당하였으나 그 충격이 경미하여 입원 치료를 받을 정도로 상해를 입은 사실이 없었다 .

그럼에도 피고인과 김 # # 는 2010. 8. 5. 김▲▲이 가입한 피해자 D손해보험 주식회사에 위 사고로 인해 상해를 입어 병원에 입원한 것처럼 보험금지급을 청구하여 이에 속은 피해자로부터 합의금 명목으로 김 # # 는 2010. 8. 31. 1, 400, 000원, 피고인은 2010 .

9. The delivery was received on 1, 200, and 00 won respectively.

The defendant, Kim Jong-sung, as well as the defendant and Kim Jong-sung, received total of 20,331,850 won from the victim insurance company under the name of insurance money, medical expenses, etc. over 18 times in total, as shown in the list of crimes (4) from August 31, 2010 to January 17, 201.

4. Joint criminal conduct between Defendant Kim 00 and Park 00

On October 15, 2010: around 45, 2010, the Defendant and Park 00 were driven by the State in Busan ** Nowon *** * * * Ru * * * * 46 Car * * 46 car was involved in the accident that caused the backers of the above Acccus car, but the shock was minor and there was no injury by the Defendant, Park 00 and K to the extent of being hospitalized.

Nevertheless, the Defendant and Park 00 filed a claim for the payment of insurance money as if the Defendant, Park 00, and K were hospitalized at a hospital due to the above accident with the victim B 10 days a week of the same day, and the Defendant received 780,000,000 won under the pretext of agreement with K on October 21, 2010, and 1,680,000 won under the pretext of agreement with the Defendant on November 9, 2010, respectively. The Defendant and Park 00 received 1,680,000 won under the pretext of agreement with the Defendant on November 9, 2010.

From October 21, 2010 to March 14, 2011, the Defendant and Park Park 00 received total of KRW 17,819,650 from the insurance company that was the victim in total 28 times, as shown in the list of crimes in the attached Table (5) from October 21, 2010 to March 14, 201, and acquired them by deception.

Summary of Evidence

No. 1-A.

1. Witness Kim * Part of the legal statement

1. Defendant Kim* Prosecution's suspect interrogation protocol on Defendant *

1. A letter of goods (an accident on July 23, 2010: 40 square meters): A facts under paragraph (1) of this Article;

1. Witness Kim* Part of legal statement *

1. Defendant Kim* Prosecution's suspect interrogation protocol on Defendant *

1. 오▲▲에 대한 경찰 진술조서

1. A letter of goods (an accident on April 28, 201: 30 accidents);

No. 2. Facts

1. The statement of defendant Kim 00 in the second trial records, and the statement of defendant Kim Kim Kim Mae and the third trial records of the third trial records and the statement of MaMa MaMaMa;

1. Each prosecutor's interrogation protocol on Kim MaMa and Ma00;

1. A letter of goods (an accident on December 23, 2010: 35 accidents);

[Judgment 3]

1. Statements of the witness, Kim Jong-soo in the third trial records, and the statement of Ma

1. The prosecutor's interrogation protocol on Kim Ma-Ma

1. 김▲▲에 대한 경찰 진술조서

1. A letter of goods (an accident on August 5, 2010: 30 accidents);

[Judgment 4]

1. Statement of 00 witnesses in the third protocol of trial;

1. An interrogation protocol of 00 prepared by the prosecution;

1. A letter of goods (on October 15, 2010: 45 accidents);

1. Previous records: A written inquiry about criminal records and other inquiries, and a criminal investigation report (report on confirmation of the details of punishment for each defendant Kim 00), case search, and copy of Supreme Court Decision 2012Do15593;

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 30 of the Criminal Act (Selection of Imprisonment)

1. Handling concurrent crimes;

Defendant Kim00: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Defendant Kim*: Article 62(1) of the Criminal Act (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1))(Article 62(1)(Article 62(1))(Article 62(1)(Article 62(1))(Article 62(1))(Article 62

The crime of this case on the grounds of sentencing was committed by taking into account all the circumstances, including the following circumstances: (a) the Defendants committed the crime of this case with the accomplice to obtain insurance money from the insurance company by intentionally inducing a traffic accident and intentionally committed a minor traffic accident that is not likely to receive insurance money or to be entirely at all; (b) the Defendants received the insurance money by being hospitalized in the hospital for a long time; and (c) the crime of this case was not committed by taking account of the fact that it is not clear that the Defendants committed the crime of this case; (d) the Defendants did not recognize and mislead most criminal facts; (e) the Defendants did not recognize damage payments; and (e) Defendant Kim 00 had committed a criminal offense more than 20 times in the case of Defendant Kim *, a suspended sentence should be imposed on the grounds of the above circumstances.

Judges

Judges Seo-ju

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