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(영문) 인천지방법원 2013.06.19 2012고단11229 (1)
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around June 15, 2012, the Defendant and C, and D had a mind to accept an accident with an insurance company as if a traffic accident occurred, and acquired insurance money. On June 15, 2012, C and the Defendant were to receive an accident with the purport that “AXA damage insurance company and AXA damage insurance company, called the victim Dong Fire & Marine Insurance Co., Ltd. and AXA damage insurance company, which entered the left side while the Defendant’s car was bypassed.”

However, there was no such a traffic accident.

The Defendant, C, and D conspiredd with the victims, thereby deceiving them, and deceiving them from the victims from June 18, 2012 to June 21, 2012, 11,272,980 won as agreed money, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the first protocol of trial C and D;

1. Application of Acts and subordinate statutes to traffic accident data of insurance companies;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the case reported false traffic accidents and acquired insurance proceeds by deceit as if the traffic accidents were caused, and the crime is not likely to be a crime that shaking the foundation of the insurance system.

However, a person shall be punished by a fine in consideration of all the conditions of sentencing, including the fact that the defendant has led the crime of this case and has no record of punishment for the same kind of crime, that another accomplice takes the lead in the crime and that the profit acquired by the defendant is not large, and that the defendant's age, environment, balance with the sentence sentenced to

It is so decided as per Disposition for the above reasons.

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