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(영문) 인천지방법원 2016.08.11 2016고정1228
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, together with B, C, and D, conspired to receive insurance proceeds by intentionally paying a traffic accident with female-friendly appearance B, friendship C, and D, and then receiving the accident from an insurance company.

In accordance with the above public offering, the Defendant: (a) around October 24, 2013, located in the vice-dong of Incheon Bupyeong-gu, Incheon on October 24, 2013; (b) while the Defendant was carrying the said B, C, and D on the YF rocketing car driven by the Defendant, the Defendant was a part of the said B, C, and D; (c) received a traffic accident report from the non-life insurance company, and was issued KRW 3,526,940 from the date of December 20, 2013 to March 7, 2014 to the date of the damage, under the pretext of agreement, etc.

Accordingly, the defendant, in collusion with B, C, and D, acquired 3,526,940 won from the injured party.

2. The Defendant, together with F, G, and H, conspired with F, G, and H to receive insurance proceeds by intentionally paying a traffic accident with the friendly F, G, and H, and then receiving an accident from an insurance company.

In accordance with the above public offering on December 20, 2013, around 11:28, 2013, the Defendant: (a) received a traffic accident in the victim’s Eastern Fire Marine Insurance Co., Ltd., even though part of I was driven by the victim while he was carrying the above F, G, and H on the Belgium that was driven by the Defendant; and (b) received a traffic accident in the victim’s Eastern Fire Marine Insurance Co., Ltd. from December 24, 2013 to March 21, 2014, the Defendant received KRW 4,227,794 as agreed money, etc. from the victim to March 21, 2014.

Accordingly, the Defendant, in collusion with F, G, and H, acquired 4,227,794 won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect with respect to F, D, C, G, or B;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated the amount obtained by deception of a suspect's opinion of prosecution and confirmation as to whether insurance proceeds are returned), investigation report (request for insurance money and payment details are attached);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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