beta
(영문) 서울중앙지방법원 2019.07.26 2018노3288

사기미수

Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are the representative director of C, a stock company owner of the instant workshop, and the Defendant calculated the expected repair cost in accordance with the expert’s opinion, as well as the repair method and amount necessary for the restoration of normal functions of the said worker, and the Co-Defendant B of the first instance trial (hereinafter “B”) in a way that falsely pays repair cost, as stated in the facts charged.

The Defendant’s deception was issued four times or more, and submitted a written estimate for repair costs to the adjuster, and did not have any intention to deception the damaged insurance company. Even if not, the victimized insurance company did not make a written estimate for repair costs submitted by the Defendant, but did not have any intention to deception. However, the damaged insurance company did not take the disposal of total damages on the ground that the domestic repair was impossible based on the result of self-evaluation, such as the lack of the design production drawing of the other workplace of this case. It cannot be deemed that the Defendant’s deception was omitted due to the Defendant’s deception. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment and two

B. The lower court’s sentence is too unfilled and unfair.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. The summary of the facts charged is C’s representative director who runs the business of leasing other workshops, and B is a person who actually operates D who engages in the business of repairing heavy equipment, etc.

The Defendant purchased heavy equipment safety insurance to the victim G with respect to other workshops leased to Co., Ltd. ( Model Name F, 193 Form) from August 11, 2015 to August 11, 2006, with respect to total damages, and with respect to repair and restoration costs, at least KRW 500,000,000 for total damages, and at least KRW 10,000,000 for total damages.

Since September 4, 2015, E, on September 4, 2015, another artist invested at the site of the I J New Construction Project, Inc. located in Yangcheon-gu Seoul, Seoul, for the victim of the trouble and the defendant, for the entire loss of the other worker, and KRW 500 million insurance proceeds.