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(영문) 대전지방법원 공주지원 2013.06.28 2012고단368

사기

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

The summary of the facts charged in the instant case is the married couple, and the Defendant A, around 03:30 on March 11, 2012, was driving a e-car and went to the left at the access road to the F apartment at the time of official week, and there was a traffic accident that conflicts with the protective wall for an unforeseen reason. As such, Defendant B contacted Defendant B, the husband, and Defendant B caused a traffic accident while driving the e-car, and Defendant A conspired to receive insurance money from the vehicle insurance company on the ground that the e-mail was the chief of the accident.

Accordingly, Defendant B called the victim Samsung Fire Insurance Co., Ltd. to the victim in charge of the accident receipt of Samsung Fire Insurance Co., Ltd., and received the traffic accident on the following grounds: (a) Defendant B was driving the said car while driving the said car; and (b) Defendant A was on board the front line; and (c) the Defendants submitted a written confirmation of hospitalization and a written diagnosis to the victim in addition, and obtained KRW 1,470,380 from the victim as the insurance money for Defendant B and acquired it by

However, there is no direct evidence corresponding to the facts charged in the instant case, and there is no sufficient evidence to acknowledge the facts charged only with the entry of some of the suspect interrogation records in the prosecution, witness G's legal statement, the police's statement in G, and communication data meeting (Evidence No. 165).

The statement of the police statement about H is inconsistent with the facts charged.

Thus, the above facts charged constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.