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(영문) 대전지방법원 2018.02.01 2017고정1596
사기미수
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B and Defendant A are both South and North Korea and each criminal case.

Defendant

B On March 26, 2009, on the one hand, selected a special contract for family life compensation liability as at the time of subscribing to a comprehensive insurance policy for commercial reinsurance in the modern Sea, which continued until May 24, 2017.

Defendant

B around 18:00 on July 6, 2016, 2016, the business operator, who was on the top of the swimming pool installed in a swimming pool located in the Jinsan-gun, Geumnam-gun, Chungcheongnam-gun, Jinsan-gun, Jinsan-gun on May 24, 2017, e.g., the business operator who was on the top of the Defendant A, who was on the first below, was released from a swimming pool by putting the Defendant A, etc. on the bottom of the swimming pool and caused a trouble to the Defendant A by getting his head on the top of the swimming pool while he was on the back.

In addition, according to the special agreement on family life compensation liability, 80,109,572 won was submitted to the modern marine fire prevention.

However, in fact, Defendant B submitted the details of false bodily injury at the sea of modern times (the confirmation letter, etc.) for the purpose of acquiring insurance money on the ground that the insurance money can be received by a special contract for family life liability even though there was no fact that Defendant A et al. did not go to the swimming pool at the time.

As a result, the Defendants conspired to obtain insurance money of KRW 80,109,572, but attempted to receive money, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. A petition, inquiry into matters covered by the insured, inquiry into matters covered by the insured, request for insurance proceeds, B interim reports, confirmation documents, and other documents accompanied by insurance proceeds, and a statement of calculation of insurance proceeds;

1. Documents related to the fire in the same department - confirmation documents, insurance proceeds, medical certificates of genetic disabilities, and replys to requests for medical advice;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 352 of the Criminal Act and Articles 347 (1) and 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. The Criminal Act to attract a workhouse; and

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