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(영문) 대전지방법원 2015.02.06 2014고단3920
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2013, the Defendant: (a) operated the D AB car under the name of Komo C with a long-term loan from the KTB car; (b) attempted to obtain insurance money by deceiving the victim Matts Fire Marine Insurance Co., Ltd. using the car insurance purchased the said car by pretending that there was a traffic accident although there was no traffic accident; or (c) pretending as the passenger who did not board a vehicle that caused a traffic accident, by pretending a person who did not board a vehicle

On August 1, 2013, the Defendant: (a) was driving a D AB car in the vicinity of the Taedong-dong, Daejeon-gu, Daejeon on July 30, 2013 at around 01:30, the Defendant: (b) was driving the DB car in the vicinity of the Taedong-gu, Daejeon-gu; (c) was driving the E on the back portion of the F AB car driven by E; and (d) the Defendant was driving the DB car.

The accident suffered injury to E and damaged the F Allied car.

At that time, E received total amount of KRW 3,457,280 from the victim company as agreed money, medical expenses, and property repair expenses, and delivered it to the defendant.

However, at the time, the defendant did not have caused a traffic accident by drilling a motor vehicle driven by E, and the defendant had received a false accident in collusion with E in order to obtain insurance money.

As above, the Defendant acquired insurance money of KRW 32,167,820 from the victim company over 18 times in total, such as the statement in the attached crime list, including obtaining insurance money by fraudulent reporting as above.

Summary of Evidence

1. Defendant's legal statement;

1. A, G, H, E, I, J, K, L, M, N,O, P, and Q;

1. A protocol of partial police statement of R and S;

1. Analysis of suspected intentional accidents A, etc.;

1. Application of Acts and subordinate statutes on the details of accidents involving payment of insurance proceeds;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning criminal facts, and the choice of imprisonment;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Code among concurrent offenders are the reasons for sentencing.

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