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(영문) 부산지방법원 2019.03.27 2019고단189
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, “CE” operated by Kwikset Company, was an employee, and the Defendant conspiredd to obtain insurance proceeds by means of hospitalization for the claim for insurance proceeds, even though the Defendant intentionally caused a traffic accident and did not constitute an accident to collect insurance proceeds or to the extent of being hospitalized, even though it was not an accident to claim insurance proceeds or to be hospitalized.

On March 16, 2016, the Defendant operated a CJ 130 car in front of the Busan metropolitan Daegu apartment road. The Defendant did not take measures such as reducing the speed in order to report the CLW car from three lanes to two lanes during which the CF and the above CH was driving on the said car and changed the vehicle from two lanes to two lanes, and did not take measures such as reducing the speed in order to prevent the accident. On the same day, the Defendant had CK receive insurance from the “CM corporation” as the victim on the same day, and received KRW 5,417,690 in total from the victim on the same day, and received KRW 809,160 in terms of agreement, etc. from the victim R& corporation to which the Defendant was a party.

In addition, in collusion with CH, CF, CG, H, etc., the Defendant intentionally paid four times from March 16, 2016 to August 10, 2016, and received insurance money equivalent to KRW 19,432,750 in total from around 16, 2016 to around 10, or caused the other vehicle driver to receive the insurance money.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of police interrogation protocol of H, CG, CF, and CH;

1. Application of Acts and subordinate statutes 1 to 4 all documents received for accidents;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The degree and degree of the defendant's participation in each of the crimes of this case, even though the reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes has reached an agreement with the victimized company.

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