beta
(영문) 대법원 2013.07.11 2013도351

사기미수

Text

The judgment of the court below is reversed, and the case is remanded to the District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. On January 23, 201, the facts charged in the instant case, around 15:45, the Defendant: (a) at the right line of the household distance in Suwon-si, Suwon-si; (b) at the front of the right line, the household distance in front of the right line, and (c) at the right line, was in conflict with the Dsch Rexton vehicle, which was under the right line from the right line to the right line at the right line, and was under the right line at the right line from the bank of Suwon Central Hospital, and did not enter the cargo line, which was parked due to the shock, at the time of shocking the Esch Rexton vehicle at the right line; (d) on January 16:10, 201, the Defendant failed to receive the cargo light at the time of the collision; and (e) filed a written agreement with the victim for medical treatment and treatment; and (e) filed an agreement with the victim to receive the insurance proceeds under the name of the victim.

2. The court below acknowledged the following facts based on its adopted evidence, i.e., ① the first instance court and the witness F of the court of the court below, who was a driver of Lone Star Engine, stated in the facts charged, stated that “The Defendant was not on board the cargo vehicle immediately after the instant accident, but did not have been on board the cargo vehicle. The contact accident was discovered at the time of the instant accident, immediately after the accident, and immediately after the accident, confirmed the cargo vehicle, and later, did not look at the Defendant even though two hours have passed since the accident occurred.” ② The witness G of the court of first instance, who was the driver of the Lone Star Engine vehicle, stated in the facts charged, to the effect that “the Defendant was not on board the cargo vehicle at the time of the instant accident”, and ③ the witness G of the court of first instance, who was an employee of the Hyundai Marine Insurance and Fire Insurance, sent to the scene at the time of the accident, shall be deemed the Defendant at the time of the accident.