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(영문) 서울북부지방법원 2015.07.30 2014고정1292
사기미수
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

After intentionally paying a traffic accident, the Defendant had intentionally taken the mind that he would receive insurance money from an insurance company by pretending to the actual traffic accident.

On March 6, 2014, at the front side of Seongbuk-gu Seoul Metropolitan Government, the Defendant: (a) observed the progress of the Eussckn vehicle driven by D and opened the way behind it; (b) contacted the Defendant’s right bucks on the front side of the gate of the said vehicle; and (c) led D to the fact that the actual traffic accident occurred; (d) caused D to the effect that it caused the occurrence of a traffic accident to the victim Samsung Fire Insurance Co., Ltd., and (e) accepted the accident report and the insurance contract to the effect that D, who caused the actual traffic accident, caused D to be mistaken for the victim Samsung Fire Insurance Co., Ltd.

As above, the Defendant, by deceiving the victim, received insurance money from the victim with which the amount of money could not be known, and the victim was not aware of the insurance fraud and did not commit an attempted crime by refusing payment.

Summary of Evidence

1. Legal statement of witness F;

1. Results of each reproduction and viewing of parking vehicles, black stay images and E-vehicle black stay images around the accident place;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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