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(영문) 서울북부지방법원 2017.11.14 2017고정910
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 7, 2016, the Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court for interference with the execution of official duties, etc., and the judgment became final and conclusive on October 15, 2016.

The defendant caused an accident by means of a method that contacts the parts of the vehicle that proceeds from side streets with the body part of the body part of the vehicle, and tried to receive an agreement from the driver of the vehicle or receive insurance money from the insurer.

On July 26, 2016, around 19:00, the Defendant concealed the fire trucks parked on the front side of Dongdaemun-gu Seoul, Seoul, and discovered that the vehicle driven by the victim D (V, 53 years old) proceeds from driving, and the vehicle driven by the victim D (V, 53 years old) moves toward the driving direction of the vehicle in front of the non-motor vehicle, and the front part of the right side of the motor vehicle in front of the motor vehicle in front of the victim was intentionally faced.

Since then, the defendant demanded the victim to reach an agreement but failed to receive the agreement, the victim received medical treatment as an automobile insurance (KB non-life insurance) received by the victim.

As a result, the Defendant acquired the pecuniary benefits corresponding to 195,810 won by allowing the hospital to pay 195,810 won under the name of treatment expenses.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Statement made by the police against D;

1. A report on internal investigation (the analysis of black stuffs and images);

1. On-site reports (CCTV analysis);

1. A claim for payment of automobile insurance proceeds;

1. Request for advance payment of automobile insurance;

1. Details of resolution on the payment of medical expenses;

1. Recording records;

1. Previous convictions: A copy of the judgment, and application of the Acts and subordinate statutes to inquire about summary information;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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