사기미수
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendant was a vehicle used by the Defendant in charge of compensation for the victim company (hereinafter “the instant vehicle”) by lending the name of the Plaintiff in the name of the Bank of Korea and informing the Defendant of the fact that the Defendant was a vehicle in charge of operating siren business, but the employee in charge of compensation may claim for the rent.
The defendant did not make a false statement to the effect that he/she claimed rent, and that he/she had a long-term sirened vehicle in this case to employees of the victim company.
2. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court: (i) a traffic accident that conflicts with the K Poter in the intersection of the Central Assembly of the Dolcheon-dong, Seongdong-gu, Seoul, at around October 28, 2015, the Defendant operated the instant vehicle; and (ii) the instant vehicle was damaged; and (iii) the Defendant claimed insurance money under the name of the lease fee against the victim company, the insurance company of the instant vehicle around April 26, 2016; (iv) the Defendant, an employee in charge of compensation of the victim company, was a traffic accident while the Defendant was operating the instant vehicle at a long-term siren and around 30 (30) days thereafter, made a false lease agreement between the Defendant and the vehicle lease agreement between the Plaintiff and the vehicle lease agreement between the Plaintiff and the Defendant, etc. < Amended by Presidential Decree No. 27800, Apr. 26, 2016>
All vehicles, such as Han-gu, etc., are vehicles owned by the Defendant or registered the ownership in the name of the Defendant under the name of the said company by lending the name of the said company, and are not vehicles leased and used by the said company.