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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, as he had intentionally caused an automobile accident due to C, D, and her friendly relationship, and pretended to have caused an accident due to negligence, he/she would be able to receive and use the vehicle repair cost and agreed money from an insurance company.
On January 17, 2014, at around 10:30, the Defendant operated a F cller vehicle in the direction of one-way traffic in the vicinity of E in the Gyeonggi City, and C, while driving in G cller vehicle D, caused an intentional traffic accident of collision of the said cller vehicle by driving in the state of D with the said cller vehicle, and immediately reported as if the traffic accident occurred in the vehicle operation of the victim LIG damage insurance purchased by C, and was delivered by the victim with the total amount of KRW 22,932,830 for the purpose of vehicle repair expenses, agreement fees, etc.
Accordingly, the defendant was given property by deceiving the victim in collusion with C or D.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of C and D;
1. A motor vehicle compensation receipt;
1. A written inquiry about automobile insurance contract, and a written resolution for payment of automobile agreement;
1. Application of Acts and subordinate statutes to a report on the termination of water accidents and damage adjusting;
1. Grounds for sentencing under Articles 347 (1) and 30 of the Criminal Act, which relate to relevant Articles of the Criminal Act and the choice of punishment;
1. The scope of recommendation types, general fraud types 1 (less than KRW 100,00) and the basic area (from June to one year and six months) (special person) of the same type; and
2. Normal circumstances favorable to the decision of sentence: The fact that the sentence is in contravention of it, the situation that there is no previous conviction for the same kind of crime: Not recovered from damage, but is bad in the nature of the crime by insurance fraud, and other circumstances, etc. after the crime is committed.