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(영문) 서울남부지방법원 2013.08.26 2013고정1218
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant conspireds to receive insurance money by falsely reporting to the insurance company as if the vehicles with B, C, and D who had been on board were aware of the traffic accidents leading to them, and by hospitalized in the hospital.

On January 6, 2009, at around 21:00 on January 21, 2009, the Defendant: (a) moved in the E E E E-ccoo vehicle driven by the Defendant from the Myeon 2nd west-gu Seoul, Jung-gu, Seoul, and the F-gu car driven by D while carrying C and B.

“The insured events” were received, and the B, C, and D were hospitalized in the hospital.

However, the above traffic accident was not actually caused.

The Defendant, B, C, and D claimed insurance money to the victim as above, and they received 1,00,000,000 won from the victim from January 8, 2009 to January 19, 2009, respectively, under the pretext of agreement on B, C, and D, and paid 470,040,040 won in the name of medical expenses for C, and 1,179,30 won in the name of medical expenses and repair expenses for D.

Accordingly, in collusion with B, C, and D, the Defendant acquired insurance proceeds of KRW 5,143,290 in total from the victim.

Summary of Evidence

1. Each police suspect interrogation protocol (including copies thereof) of the defendant and C;

1. Application of Acts and subordinate statutes to a report on investigation by prosecutors (a copy of a final judgment rendered by a public prosecutor C or D);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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