beta
(영문) 전주지방법원 2016.10.12 2016고정425

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who has served as a Co., Ltd.

On December 30, 2015, at around 21:30 on December 30, 2015, the Defendant saw the occurrence of traffic accidents in front of the Donju-gun, the Dondong Fire Integrated Insurance Co., Ltd., a party involved in the accident, to obtain insurance proceeds from the Dongbu Fire Integrated Insurance Co., Ltd., a party involved in

Although the occurrence of a traffic accident did not occur, the Defendant reported that the Defendant had shocked the Defendant’s right-side course on the back of the 119 rescue vehicle that he had driven by E in order to park the F rocketing and car driving by E, and that the Defendant paid the medical expenses from the Dongbu Fire Integrated Insurance Co., Ltd. after boarding the 119 rescue vehicle to return to G hospital and receiving medical treatment.

As such, the Defendant, by deceiving the victim, received a delivery of an amount equivalent to KRW 82,480 on January 27, 2016 from the victim.

2. The Defendant and his defense counsel argued that they had a traffic accident, such as having a right side of the Defendant’s right side and shocked, and received medical treatment at a hospital.

The defendant did not request the driver or the insurance company to compensate for damages in disguise of traffic accidents, and there was no intention to do so.

Ultimately, the Defendant committed a deceptive act.

or fraud of money has no intention to acquire money.

3. First of all, we examine whether the Defendant made a false statement that caused a traffic accident, even though it did not actually cause a traffic accident, such as that the right end of the E-driving vehicle and the Defendant’s right right end is not facing each other.

이에 부합하는 증거로는 E의 ‘사고 당시 제가 생각하기로는 제 차량과 보행자가 전혀 충격이 없었던 느낌을 받았다’는 취지의 수사기관에서의 진술이 있으나, E은 이 법정에서 진술하길 '자신이 차량을 후진할 당시 쿵하는 소리가 들리긴 들렸는데 큰소리가 아니고...