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(영문) 서울동부지방법원 2016.09.08 2016고단1720
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant intentionally elbowd with the defendant's arms on a motor vehicle in operation, and caused the driver of the motor vehicle to receive an accident from the insurance company, and has the driver receive insurance money from the insurance company under the pretext of agreement and medical treatment.

On May 19, 2014, at around 22:40, the Defendant discovered the C Costaex van which B drives on the road near the sub-market in Songpa-gu Seoul, Songpa-gu, and then requested B to receive an accident from the insurance company.

As above, the Defendant had the victim Dong Fire Marine Insurance Co., Ltd., which was insured with B, receive insurance as if the accident occurred due to the negligence of B, and around that time, the Defendant received medical treatment from the d's address in the D's address in the D's address, and then claimed the agreed amount and medical expenses to the victim company.

Accordingly, the Defendant, by deceiving the victim company as above, received KRW 70,000 from the victim company as agreed money on May 21, 2014, and had the victim company pay KRW 51,220 in the name of medical expenses on June 25, 2014, and received KRW 751,220 in total from the victim company.

In addition, the Defendant, from around that time to January 14, 2016, by deceiving the victim's Dong fire & marine insurance company, the victim's malicious damage insurance company, the victim's merz marine insurance company, and the victim's merz fire marine insurance company in the same manner six times in total, as shown in the attached list of crimes, and was delivered KRW 4,064,540 in total from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The payment details of each insurance money, details of car accidents, and application of statutes to request insurance crimes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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