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대구지방법원 서부지원 2013.08.14 2013고단384
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, along with B, conspiredd with B to receive insurance proceeds by intentionally causing a traffic accident, after receiving the insurance accident.

On September 2, 2012, at around 15:30, the Defendant obtained some parts of the Defendant’s Ebenz’s left side part of the Defendant’s Ebenz’s vehicle using D straw on the road near the Glock Zone, and made the said benz’s vehicle enter into the waterway, and filed a false accident report to F, who is an employee of LIG non-life insurance company, the victim, as if the said traffic accident occurred frequently. Accordingly, the Defendant was paid KRW 3,923,520, 9,750,000 from the victim’s hospital treatment and agreement amount.

Accordingly, the Defendant, in collusion with B, was given KRW 13,673,520 by deceiving the victim.

2. On October 22, 2012, around 22:05, the Defendant received part of the back part of the I Truck that was parked on the road behind the H terminal located in Daegu-gu, Daegu-gu, as the Defendant’s E-mail car, and filed a false accident report to the employeesJ of the Mez and fire Co., Ltd., which was the victim, as if the said traffic accident was unexpectedly occurred, and received KRW 17,500,000 from the victim as repair cost.

Accordingly, the defendant was delivered insurance money of KRW 17,500,000 by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the prosecution and the examination of suspects of the police concerning B;

1. Statement of each police statement on B, Defendant, K, and L;

1. Application of Acts and subordinate statutes to request investigation;

1. Relevant Article 347(1) and Article 30 of the Criminal Act, the choice of punishment for the crime (limited to the crime of expulsion 1 at the time of sale), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (such as the fact that agreement is made with the victims, the fact that the imprisonment without prison labor or any heavier punishment has not been committed and the case has

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