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(영문) 인천지방법원 2014.06.26 2013노3271

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of all the evidence duly submitted by the prosecutor, the court below found the Defendant not guilty on the ground that the Defendant was aware that the Defendant was forced to leave the taxi on April 18, 201 and October 18, 201, and that the rear wheels was on the right right side of the Defendant’s arrival, etc., leading to the occurrence of each accident. However, the court below found the Defendant not guilty on the grounds of erroneous determination.

2. Determination

A. The summary of the facts charged of the instant case: (a) notwithstanding the fact that the Defendant had concealed the insurance money by deceiving the victim as if he had suffered a traffic accident caused by a traffic accident; (b) around April 18, 201, at around 23:20, the Defendant immediately released the Ccab belonging to the Young-gu Incheon Metropolitan City Association of the Victims Transport Business Association, which was insured on the road in front of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City; (c) as such, the Defendant was receiving one-day medical treatment from the hospital in Seo-gu, Incheon Metropolitan City; and (d) applied for the payment of the insurance money to the above victim on April 19, 201; and (d) on April 20, 2011, the Defendant received 60,000 won in total from the said victim on the right side of the said 20-day hospital in consideration of the agreement and treatment expenses; and (e) on October 18, 2011, received the said 2-day from the victim;