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(영문) 창원지방법원 밀양지원 2014.05.22 2014고단40
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. At around 10:30 on February 9, 2012, Defendant B, while driving D freight cars not covered by mandatory insurance on the Hayang-nam-Eup fishery road in the Hayang-nam-nam-nam-do, the Defendants: (a) sent the said F freight cars to a vehicle insured for any defect that caused the death of the said E; (b) parked the said truck in a factory with 200 meters away from the accident site; (c) Defendant B, his husband, parked the F freight cars covered by mandatory insurance at the accident site; and (d) reported the said F freight cars to the police officer and the insurance company, and received the insurance.

The Defendants received each payment of KRW 128,630 as the medical expenses of the above E in the name of the victim’s Hyundai Marine Fire Insurance, which died on March 14, 2012, and KRW 20,128,630 as the death agreement amount on March 27, 2012, and received each payment of KRW 20,128,630 on two occasions.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. No motor vehicle which is not covered by the mandatory insurance of Defendant A shall be operated on a road;

Nevertheless, the Defendant, on February 2013 and March 2013, operated D D Rano Cargo, which was not covered by mandatory insurance, at the Hannam-Eup, Hannam-do.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the prosecutorial statement concerning G;

1. Each police statement concerning H, I, J, K, and L;

1. Written statements;

1. A written request for appraisal, such as the receipt of an accident, a written request for autopsy of a corpse, a summary map at the scene of an accident, a fact confirmation, a payment resolution, each actual situation survey report, and a written request

1. Mandatory insurance policies;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 347(1) and 30 of the Criminal Act (Fraud, choice of imprisonment), Articles 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating mandatory insurance vehicles and choice of imprisonment).

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