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(영문) 서울남부지방법원 2013.11.13 2013고정2200
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

On April 1, 2013, at around 02:25, the Defendants, while drinking alcohol with D, E, etc., and were able to receive insurance money, the Defendants concluded that the taxi belonging to the FF Co., Ltd., which Defendant B was on board, had a sudden stop in order to avoid a collision with the unclaimed vehicle, and complained of the damage, Defendant A was subject to an investigation at the traffic survey system of the Gangseo Police Station in the Gangseo-gu Police Station in order to ensure that Defendant A was not on board the said taxi, even though he was not on board the said taxi, he was on board the taxi and was on the same traffic accident, and was able to receive the insurance money.

As a result, around 19:00 on April 1, 2013, the Defendants were hospitalized in the H Hospital located in Yangcheon-gu Seoul Metropolitan Government G, and around 17:00 on April 2, 2013, Defendant B called “I by phone call to F Co., Ltd. and “I will face why he will receive insurance, and I will face the passenger at the time of the accident.” The Defendants had the said I receive insurance from the taxi mutual aid association.”

Accordingly, around April 3, 2013, the Defendants conspired to receive KRW 985,00 from the Federation of the Passenger Transport Business Association for the purpose of agreement with Defendant A, and around April 5, 2013, the said Federation had the said Federation pay KRW 239,310 in the name of medical expenses in H Hospital, thereby obtaining pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to J police officers;

1. A's written statement;

1. Application of Acts and subordinate statutes of the details of insurance proceeds payment (A) and written agreements (A);

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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