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(영문) 수원지방법원 2012.08.17 2011고단6019
사기미수
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A The representative director of the F and the defendant B were the same company auditors as the partner.

The Defendants transferred a bus purchased in the name of G to the person of H who assumes the false name of G, and H made an agreement that H preferentially pays 25 million won for the delivery of the vehicle to the above company, pays 350,000 won for monthly admission fees and management expenses, and is responsible for the remaining installment payments. However, H did not pay installments after a given period of time, etc. but did not pay a bus after a given period of time, and did not receive insurance money by making a false report on the theft of the vehicle to receive the insurance money.

1. On July 15, 201, at around 09:45, the Defendants conspired and reported to the employees in charge of the above union name in the Igwon branch located in the Suwon-si J of Suwon-si, Suwon-si, that he was stolen in the vicinity of the Donggdong-gu, Suwon-si, and filed a claim for KRW 9,1340,000,000 for self-insurance proceeds.

However, on June 1, 2011, the Defendants reported the theft of the said vehicle at the Suwon Police Station, and subsequently, became aware of the theft of the vehicle prior to the purchase of the instant self-insurance policy on June 17, 2011.

Nevertheless, the Defendants attempted to report the theft to the above I and receive the insurance money for the purpose of deceiving the self-insurance money, but they attempted to refuse to pay the insurance money with the knowledge that there is a defect in the circumstances of the insurance coverage and the claims of the insurance money in the above union.

2. At around 13:20 on July 13, 201, the Defendants conspired to report that the total of 1 passenger bus 1 and 2 N tourist bus 1 were stolen in the vicinity of the opening of the new Seoul Forest Station, and filed a claim for KRW 158,860,000,000 for the self-insurance money.

However, in fact, the Defendants are deemed to have transferred the said vehicles to H by their own means, and in the case of the State F, the vehicles into which the said vehicles were moved are entirely carried by the owner.

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