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(영문) 의정부지방법원 2018.07.11 2018고단1286
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

B. Around 15:30 of the same day, F had F receive an accident from the victim Samsungsung Insurance Co., Ltd., and it was paid KRW 2,340,280 in total from March 2, 2017 to February 21, 201 of the same month by receiving KRW 2,340,280 in the name of agreement and treatment expenses from the victim. As indicated in the list of crimes in the attached Table, F received KRW 9,958,410 in total on six occasions as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against F, H, I, J, K, and L;

1. Documents pertaining to the list of crimes No. 1, 3, 4, 5, 6, 7, and 9;

1. On-site map;

1. An accident scene photograph;

1. Details of transactions of search account;

1. Data describing the booming images;

1. Application of statutes governing the current status of payment of insurance proceeds;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act that provides for the choice of punishment for a crime, and Article 8 of the Special Act on the Prevention of Fraud by Insurance;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] * Fraud: The mitigated area (unlimited to punishment, January 1 to 1 year) of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the sentencing guidelines are not set for the violation of the Special Act on the Prevention of Insurance Fraud) (the sentencing guidelines are not set for the crime of violating the Special Act on the Prevention of Fraud) * The crime of this case is committed by acquiring insurance money exceeding KRW 10 million from the insurers by fraudulent means after causing intentional accidents, and it is not good that the crime of this case is committed, but it is necessary to strictly punish insurance fraud in consideration of harm and harm caused by insurance fraud to our society.

The Defendant had a record of criminal punishment on several occasions, and in particular, on October 27, 2015, was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, and even though the suspension period has lapsed, most of the instant crimes committed during the suspension period.

The possibility of criticism against the defendant is high.

However, both victims and victims agree smoothly.

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