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(영문) 서울북부지방법원 2019.03.22 2018고정1710

보험사기방지특별법위반

Text

The defendant shall be innocent.

Reasons

1. On March 23, 2018, the Defendant: (a) reported on the roads set forth in B B B in Seoul, the front of the Seoul Jung-gu; (b) reported that the previous Cropian car was approaching an emergency, etc.; and (c) even if the previous Cropian car was in excess of its own access to it, it would go beyond the shock due to the contact with the said roper; (d) made the said car driver receive insurance from the victim D Co., Ltd.; and (e) paid KRW 276,800 as the vehicle repair cost on March 28, 2018; and (e) received KRW 890,000 as the agreed amount on March 29, 2018 from the victim.

Accordingly, the Defendant acquired the total amount of KRW 1,166,800 by insurance fraud act.

2. The evidence submitted by the judgment prosecutor alone cannot be deemed to have been proven without reasonable doubt that the Defendant was approaching the car driving seat of the said car even though the Defendant had not contacted with the car in order to obtain insurance money by fraud.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is decided as per Disposition by the proviso of Article 58(2) of the Criminal Act