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(영문) 광주지방법원 2020.09.09 2020고정489
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 14, 2018, the Defendant was sentenced to imprisonment with prison labor and two years of suspension of execution at the Gwangju District Court on June 22, 2018, and the said judgment became final and conclusive on June 22, 2018.

On June 16, 2015, the Defendant fell from a shooting bridge and suffered injuries, such as the closure of the boness of fingers and boness, while performing solar installation works on the second floor of the building B in the Jeonnam-gun, the Defendant was asked by the business owner to receive treatment as if he suffered injury while driving a bicycle, and received a proposal from the business owner to compensate for losses, such as medical expenses, etc., and received the Defendant’s “D” insurance money from the victim C Co., Ltd., to which the Defendant subscribed as the insured.

From June 18, 2015 to September 2, 2015, the Defendant received hospitalization at the F Hospital located in Gwangju Seo-gu, Gwangju, and Hwon located in Gwangju Nam-gu, on three occasions, and filed a claim for insurance proceeds with the victim company on September 10, 2015, to the effect that “the Defendant received hospitalization, etc. by getting off and getting off bicycles.”

However, in fact, the defendant was injured by solar installation works, not by the bicycle traffic accident.

On October 16, 2015, the Defendant received from the victim company the transfer of KRW 4.2 million, KRW 3 million, and KRW 4.5 million in total, from the 19th day of the same month to the post office account (I) in the name of the Defendant in the name of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each payment resolution / A copy of each claim for payment of insurance proceeds, each written confirmation of admission and discharge / A copy of a letter of amnesty related to industrial accidents;

1. Written review and decision;

1. Previous records of judgment: Application of criminal records, references to criminal records, written judgments (No. 42 No. 42), investigation reports (proving confirmation of the final judgment by the accused, etc.);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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