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(영문) 서울남부지방법원 2015.01.12 2014고단3795
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has induced a traffic accident to acquire insurance money.

On February 20, 2012, the Defendant found that he was running in a restaurant alley in the vicinity of the Geumcheon-gu Seoul Metropolitan Government C, Geumcheon-gu, Seoul, but did not avoid this, and had some of the left part of the elbows facing the left part of the said vehicle.

When the Defendant stated that he had sold to C, the Defendant had C receive a traffic accident from the Hyundai Marine and Fire Insurance Co., Ltd., and made a false statement as if he had suffered a traffic accident.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received 390,000 won from the Defendant’s father E account on February 24, 2012, from the victim’s father, and received 390,000 won from the Defendant’s father’s account, and took over 2,88,000 won in total from four insurance companies, including the victim Samsung F&M Co., Ltd., for eight times until December 20, 2013, as indicated in the separate crime list No. 1 through No. 88, such as the victim’s Samsung F&M Co., Ltd., Ltd., by means of a total amount of eight times until December 20, 2013, and attempted to take over the insurance money from the victim’s Hyundai Sea as if he was subject to a traffic accident around January 11, 2014 as indicated in the separate crime list No. 9.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. Each statement of C and H;

1. Each police investigation report (victim verification, I relative investigation by a witness, and telephone conversations by a witness);

1. Reports on internal investigation by police (victim telephone communications);

1. Each request for investigation, a detailed statement of receipt of an accident, a statement of payment of the insurance money, a statement of receipt of an accident and a contract statement, the current status of payment of the insurance money, a claim for the payment of the insurance money, the payment details of the accident insurance money which is two times, the receipt of the accident, the records of the accident, the personal escape records, the personal termination records, and the personal payment resolution

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