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(영문) 서울중앙지방법원 2019.05.15 2019고정321
사기
Text

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

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

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to three years of imprisonment for special robbery, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on December 10, 2015.

The Defendant intentionally faced with his hand and elbow parts on a vehicle, etc. in which alleyway, etc. are driven, caused a traffic accident (one-time hereinafter referred to as a "kicker"), and sentenced the driver of the vehicle to obtain insurance money from the insurance company by allowing the driver of the vehicle to receive the insurance.

On May 24, 2012, at around 11:00, the Defendant intentionally caused a traffic accident at least six times in total, and received KRW 3,637,760,00 from the victims under the name of insurance money, etc., by having the victim B receive KRW 50,000 as an accident agreement, and had the victim D Co., Ltd receive insurance from the said insurance company on May 29, 2012, including the fact that the Defendant intentionally caused a traffic accident at least six times in total, and received KRW 3,637,760 as an insurance money, etc. from the victims.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each internal investigation report and each investigation report;

1. Forwarding information on insurance fraud suspicion, delivery of intelligence incidents by the Financial Supervisory Service, and written resolution for payment of automobile insurance proceeds;

1. Previouss before and after judgments: Application of criminal records, written judgments (Seoul Central District Court 2015Gohap834), search outputs of consolidated cases, and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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