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(영문) 수원지방법원 2013.10.24 2013고단3683
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and B have attempted to acquire insurance money by intentionally collision the vehicle driving in one-way way by causing an accident.

1. On November 6, 2012, the Defendant: (a) in collusion with B, driven a vehicle E in front of the D Elementary School located in Young-gu, Young-si, Young-si, G, and the Defendant waiting for the operation of the said vehicle while discovering the vehicle on the front line of the said vehicle; (b) caused an accident by intentionally collision with the said vehicle; and (c) obtained KRW 2,231,870 in total as insurance money from the modern sea of the victim for agreement, etc.

2. On November 14, 2012, the Defendant conspired with B on November 14, 2012, in collusion with B, caused an accident by intentionally collision between the vehicle driven by H with the said method on the later side of the said D Elementary School, thereby obtaining KRW 2,711,790 from the victim Samsung F&M to receive the total insurance money as agreed money, etc.

3. On November 26, 2012, the Defendant: (a) conspired with B on November 26, 2012, the Defendant intentionally committed an accident, resulting in a collision of the vehicle driven by KK (H appears to be a clerical error in the written indictment) with the vehicle on the front road of Yong-si, Yong-si; and (b) obtained KRW 2,365,740,00 from the victim CXA as a total of insurance money under the pretext of agreement, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of the payment of insurance proceeds;

1. Details of the payment of insurance proceeds;

1. Application of Acts and subordinate statutes on the details of payment of insurance proceeds;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Taking into account the matters stipulated in Article 51 of the Criminal Act, such as the fact that there is no criminal record against the defendant for sentencing under Article 62(1) of the Criminal Act, intentional occurrence of traffic accidents, etc.

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