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(영문) 전주지방법원 2017.05.24 2016고단2225
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal record] On April 11, 2016, Defendant B was sentenced to a suspended sentence of one year of imprisonment with prison labor for special bodily injury at the Jeonju District Court, and the judgment became final and conclusive on April 19, 2016.

[2] The Defendants intentionally caused a traffic accident involving E-F dyp motor vehicles other than public prosecution by using the fact that the dyp motor vehicle driven by Defendant A is covered by the comprehensive automobile insurance of the victim Samsung Fire Insurance Company, and the repair cost of the external motor vehicle is more than that of Korea, and thus, the Defendants intentionally caused the traffic accident involving the external dyp motor vehicles outside the public prosecution, thereby receiving insurance money under the name of repair cost from the damaged company.

At around December 23:39, 2015, the Defendants conspired in collusion with the “H” in front of the “H” located in Y in Y, and Defendant B got from E to the place of accident and brought about in advance. Defendant A received part of the above A-to-faced part of the right side of the said A-to-faced vehicle parked at the place of accident, and reported it falsely to the damaged company, an insurance company of the said A-to-faced vehicle, and Defendant B demanded the employees of the victimized company dispatched to the scene of the accident, as if the said A-to-faced vehicle was the borrower of the said A-to-faced vehicle.

On December 17, 198 of the same year, the Defendants deceptioned the damaged company as above and received KRW 9,900,000 from the said company as the unpaid repair cost, and then acquired the said money by transfer to E to the Defendant B’s post office account (Account Number I) account.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Written Statement;

1. Receipt of an accident and a list of contracting parties;

1. Current status of the payment of insurance proceeds and claim for insurance proceeds;

1. An inquiry into the enemy (E);

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (verification during the period of suspended sentence B by the suspect).

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