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(영문) 대전지방법원 2016.11.24 2016고단2908
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On September 6, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Daejeon District Court for a crime of fraud (a name of a crime recognized as a special larceny), and the judgment became final and conclusive on October 4, 2016.

【Co-Defendant B, who was separated from the Defendant of the facts of crime, attempted to acquire money by accepting the accident as if he suffered injury due to the occurrence of a traffic accident which caused the insurance by intentionally using a motor vehicle, within the call taxi driven by the Defendant on June 25, 2015.

At around 18:00 on June 28, 2015, Co-Defendant B, who was separated, driven and parked C Co., Ltd. on the front road of the Sinsi-dong, Sinsi-dong, and then landed from the above Bosch Rexroth. The Defendant, as Co-Defendant B, who was separated from CK5, was promised in advance, to leave the vehicle from the vehicle from the vehicle, caused the accident intentionally resulting in the accident that he was driven by the front part of the above K5 vehicle, and then received the report of the insurance accident from the insurance officer of the victim C5 car mutual aid association as if the accident occurred normally.

Co-defendant B, who had been separated from the Defendant, conspiredd with the victim to deceptiond the victim, and had the victim deceptiond with the post office account in the name of Co-Defendant B on July 1, 2015, transferred KRW 7,50,000 to the post office account in the name of Co-Defendant B on July 3, 2015, and acquired KRW 1,450,000 from the victim on about two occasions, and acquired KRW 8,950,000 in total as the name of agreement, repair, and medical expenses from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect E by the prosecution;

1. A written statement of F and G, and a written answer of F;

1. A report on investigation (written request for payment of insurance proceeds);

1. A letter, etc. of insurance proceeds payment - a statement of agreed amount calculation, and a substitute payment resolution;

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