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(영문) 광주지방법원 2018.09.21 2018고단3008
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had no certain income, thus making a living difficult, and intentionally faced with a traffic accident, and thought to receive insurance money.

Accordingly, on March 14, 2018, around 08:40, around 08:40, the Defendant had been running in and near the post-high school of the Jeju High School, located in 16:2,00,000 from the post-high school of the Jeju High School.

B finds a Cbeer or a car, followed by facing each other in the direction of the driver's seat of the said car, making the driver's left hand part of the said car, and faced with the driver's seat of the said car, and made a false report to the Non-Life Insurance Co., Ltd., an insurance company of the said B, as it was a traffic accident.

Around March 15, 2018, the Defendant deceptioned the victim company and transferred KRW 546,00 from the victim company to the Gwangju bank account in the name of the Defendant, and caused the victim company to pay KRW 91,390 to the State General Hospital on April 18, 2018, by inducing the Defendant to receive treatment and pay KRW 91,390 to the State General Hospital. As such, the Defendant acquired KRW 637,390 from the victim company as insurance money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Written statements of D;

1. Details on payment of insurance proceeds;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence shall be suspended by taking into account the following factors: (a) the reason for the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation is the small amount; (b) the fact that the criminal defendant is recognized as a crime; and (c) the fact that the criminal defendant is currently suffering from the climatic disease; and (d) the defendant's age, sex, family environment, motive and circumstance of the crime; and (e) the execution of a sentence shall be suspended

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