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(영문) 전주지방법원 2013.10.11 2013노764

사기미수

Text

All appeals by the Defendants are dismissed.

Reasons

1. At the time of the original judgment on the gist of the grounds of appeal, the accident was caused by Defendant A’s moving the air conditioners of G from the second floor to the second floor, and Defendant B was affected by the negligence of setting the air conditioners from the second floor. The Defendants’ filing a claim for the insurance proceeds for liability for daily life, which the Defendant A joined, did not constitute a false insurance claim, but there was an error of misunderstanding of facts in the judgment below convicting Defendant A of the facts charged of this case.

2. Determination on the grounds for appeal

A. The lower court determined as follows, based on the evidence duly admitted and investigated by the lower court: (a) G prepared a confirmation of the situation at the time of the accident to the F who was requested to investigate insurance fraud from Korea Commercial Damage Insurance Co., Ltd. on February 16, 2012; and (b) at that time, “Defendant B observed the instant cooling and fall accident; (c) was sleeped, sleeped and slicked around the time of the instant accident; and (d) Defendant B’s face was flicked beyond the concrete floor of Defendant B with Defendant B’s concrete floor; and (e) Defendant B was flicked and slicked at the time of the accident; and (e) Defendant B did not know at the time of the accident investigation to the relevant person at the time of the accident; and (e) Defendant B was not able to have been slicked with the relevant person at the time of the accident; and (e) Defendant B was slicked to the relevant person at the time of the accident.