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(영문) 광주지방법원 2019.08.13 2019고단1157
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 20, 2018, the Defendant: (a) around 08:45, on the street in Gwangju Dong-gu, Gwangju, the E-Abte No. She drivened by D proceeds from the direction of a mountain water library to the direction of a mountain 5-distance from the mountain water library; and (b) the said vehicle intentionally went into the motor vehicle in its own future, and laid down its left-hand bridge towards the back wheel of the steering wheel.

On February 12, 2019, the Defendant immediately sent the foregoing traffic accident to the 119th century, and received a written diagnosis of injury, such as the so-called left-hand pelke in need of seven weeks’ treatment at the F Hospital, and acquired it by receiving the total amount of KRW 9,849,534 of the medical expenses of each of the above hospitals from the hospitalization room located in the Nam-gu Seoul Metropolitan City, Nam-gu, Gwangju, by claiming for KRW 9,849,534.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, J and K;

1. A medical certificate and a statement of medical fee covered by automobile insurance;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to materials for payment of insurance proceeds);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence include the fact that the defendant intentionally caused a traffic accident by inserting his/her bridge into the rear wheels of the vehicle that intentionally proceeds from his/her bridge, etc., denying the crime, etc., is disadvantageous circumstances, or the victim's insurance money is fully appropriated for medical expenses, and there is no same power, etc., the sentence shall be determined as ordered by the sentence

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