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(영문) 서울서부지방법원 2017.12.14 2017고정800 (1)
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, in collusion with B or C (and a disposition to suspend an additional note issued on March 3, 2017), caused a traffic accident by fraud between them.

After receiving the agreement money from an insurance company, the insurance company received it and received it in installments.

B On September 30, 2012, around 23:56, at the “E cafeteria” located in Eunpyeong-gu Seoul Metropolitan Government, a traffic accident was not occurred, and on the same day, the Defendant, who was a bicycle riding on the front side of the Dong office in Eunpyeong-gu Seoul, Seoul, without having any traffic accident, was shocked by the Defendant and C who was aboard the bicycle.

The defendant and C received non-life insurance accidents in the case of the victimized self-employed company, and the defendant and C received treatment by hospitalized in G G prisonology around that time.

Defendant, B, and C, as seen above, deceiving the victim, and the victim was paid KRW 750,00 on October 8, 2012 from the victim, Defendant C, and C paid KRW 750,000, respectively, as agreed gold. On October 11, 2012, Defendant, B, and C had the victim pay KRW 312,00 in total for the medical expenses of Defendant, C, and the victim.

Accordingly, in collusion with B and C, the Defendant received a total of KRW 1,812,00 from the injured party or had a third party receive it.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. A copy of a protocol concerning the interrogation of suspect C by the police (time);

1. Statement made by the police with H;

1. Application of investigation reports ( receipt of data on persons to be additionally admitted and investigation request), accident and payment statement of insurance proceeds (No. 4) Acts and subordinate statutes;

1. Relevant Article 347 (1), (2), and 30 of the Criminal Act concerning the facts constituting an offense and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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