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(영문) 대전지방법원 홍성지원 2013.06.05 2013고단271
사기등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A’s violation of the Road Traffic Act (unlicensed Driving) around 00:50 on March 22, 2013, Defendant A driven the Ebenz motor vehicle without obtaining a driver’s license from the front of a restaurant at Bocheon-si, Yan-si, Yan-si, the head of the Yanbuk-si, the same day from the front of the restaurant at Bocheon-si, to the road adjacent to the Del 01:00 on the same day.

2. The Defendants’ attempted fraud and attempted fraud, as set forth in paragraph (1), committed an accident involving transfer of a vehicle by shocking utility poles around the Domoel road, which is the same place in which they had been driving without a license, Defendant A had the intent to receive insurance proceeds from the victim Samsung Fire Maritime Insurance, which is an insurance company of the said car, by pretending that Defendant B, who is one’s partner, had caused the accident, had the concern that he would not be able to claim insurance proceeds due to driving without a license.

Accordingly, on March 22, 2013, Defendant A asked Defendant B to the effect that “I would like to request the insurance company to accept the accident as if I driven the accident due to the occurrence of the accident while driving the insurance without a license,” by phoneing the Defendant B at a remote place in Boh-si. The Defendant B consented thereto.

Defendant

B At around 14:16 on the same day, the victim called the victim's accident receipt team to the victim's accident receipt team and called the victim F with F, and the victim's false statement was received to the effect that "In order to avoid the car's accident while driving the car at home, the vehicle was damaged by the telegraph, etc., and thus, the payment of insurance money was changed."

However, in fact, the accident was caused by Defendant A while driving without a license, so it was impossible to claim insurance money against the victim.

Ultimately, the Defendants conspired to receive KRW 220,000 for restoration expenses around March 26, 2013 from the victim, which was damaged by the said accident from the victim, and the said car was transferred to G.

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