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(영문) 인천지방법원 2016.06.22 2015노4493

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants did not have recruited the insurance fraud of the instant case, and the traffic accident occurred by chance. Nevertheless, the lower court erred by misapprehending the legal principles as to determining otherwise.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the court, the Defendants conspired to commit the instant insurance fraud.

Therefore, the judgment of the court below is justified, and the defendants' assertion is without merit.

A. A. On July 15, 2008, around 22:30, on the road near Incheon Gyeyang-gu Operational Winter apartment, the traffic accident occurred that Defendant B was driven by, and Defendant A et al. was driven by, the vehicle at which Defendant A et al. was accompanied (hereinafter “the traffic accident in this case”).

B. The above T was proposed by the Defendants to commit an insurance fraud through U around July 2008 at the court of the court below’s ruling, and 100,000 won was transferred from the Defendants in return for the instant traffic accident after U.S.

“Specificly stated the circumstances of the instant case.”

(c)

U also, in the court of the court below, “The defendants became aware of high school,” the defendants proposed insurance fraud, and the defendants received and delivered 100,000 won money from one of the defendants to T.

As stated in “,” it conforms to T’s statement.

(d)

At the same time, he was on the so-called “Wed-to-Wed Automobile”

AH stated in the trial court that the instant traffic accident was a mere traffic accident.

However, in light of the fact that, at the time, the Defendants were not aware of the relationship with the above T, U, and without relation to AH, the Defendants may be engaged in the solicitation of insurance companies between T and U (AH was not prosecuted for insurance fraud related to the traffic accident of this case).