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(영문) 서울중앙지방법원 2014.04.30 2014고정1141
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 04:00 on April 25, 2012, the Defendant driving a vehicle B, without a driver’s license, at approximately KRW 200 km from the road near the Cheongyang-dong, Gangnam-gu, Seoul, to the seven countries located in the Cheongyang-gun, Yangyang-gun Articles 10 to the seven countries located in the Cheongyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Goyang-do.

2. On April 25, 2012, the Defendant conspiredd with C, and received a false accident as if C had caused a traffic accident while driving a friendly car as stated in the preceding paragraph at the victim Samsung Fire Marine Insurance Co., Ltd. on April 25, 2012.

However, the facts are as shown in the preceding paragraph, the Defendant only caused a traffic accident while driving the said AD vehicle without a driver's license, and C did not cause a traffic accident while driving the said AD vehicle.

As above, the Defendant, by deceiving the victim, received KRW 7,062,00 from the victim as insurance money on May 3, 2012, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Letters of automobile insurance money, receipt of accidents and contract letters, and the ledger of driver's licenses for automobiles;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of Article 347 (1) and Article 30 of the Criminal Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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