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(영문) 대전지방법원 2016.10.12 2016고단52 (1)
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 800,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[Defendant B's criminal records] On April 28, 2016, the Seoul Central District Court sentenced Defendant B to one year of imprisonment for a crime of fraud by using computers, etc., and the judgment became final and conclusive on May 31, 2016.

[Joint Conduct by Defendants A, B, E, F, and G] The Defendants conspired to obtain insurance money after causing a false traffic accident. On October 11, 2008, F notified E and Defendant A of the place and method of a traffic accident, the relevant vehicle, etc. in the World Cup Stak Stak Stak Stak Stak Stak Stakak Stakak Stakak Stakak Stakak Stakak Stakak Stakak Stakak Stakak, and Defendant A operated the I Pop Stop Stak-gu car, and received the said Pop Stop-M car.

On the same day, the Defendants got paid KRW 19,504,60,00 in total under the name of agreed money, treatment expenses, repair expenses, etc. from the victim company, by pretending that the above traffic accident was caused by negligence in the normal operation process, and received insurance proceeds from the victim company to the victim AXA damage insurance company, and acquired the same amount of monetary benefits.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol on police officers against J, K, L, M, and N;

1. Statement of the police officer concerning theO;

1. Details of accidents, details of payment of insurance proceeds by accident, details of payment of insurance proceeds by individual, and result of analysis of P cases;

1. The receipt and investigation report of the accident No. 1, each termination report (Evidence No. 54, 55, 56) and the photograph of each accident vehicle;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment (the defendants) shall be considered in light of each of the following factors: (a) the selection of fines (the fact that there is no same type of force and the fact that there was no simple participation in the instant crime once; (b) the difference between the total amount obtained and the amount received by each of the defendants; and (c) the existence of efforts to recover damage (the defendant B shall return the amount received by himself

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