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(영문) 대구지방법원 포항지원 2014.08.06 2014고정238

사기

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The summary of this judgment shall be published by the defendant.

Reasons

1. On April 27, 2013, the Defendant was making a stop by driving a C cab on April 20, 2013, and waiting for a straight-line signal at the E Hanwon Intersection located in the north-gu area of the port of port. The F was driving a G cab and driving it immediately behind the Defendant’s taxi, while waiting for a straight-line signal, while waiting for a straight-line signal at a close range between 50-60 cm with the Defendant’s taxi and 50-60 cm.

F On the wind that the G car did not take a canter between the traffic signal, the G car is going to the future, and the front part of the passenger car was contacted with the driver behind the said taxi, but the shock was insignificant, and the Defendant did not have any damage to the said taxi, and the Defendant did not have any damage to the said taxi, and was changed to F and diving signal, the operation of the said taxi continued to have been changed to the straight signal.

Nevertheless, on May 16, 2013, the Defendant: (a) submitted a medical certificate stating that, as if he was injured by a traffic accident, a person in charge of compensation for the victim Hyundai Marine Fire Insurance Co., Ltd., caused Ha, a traffic accident, and requires approximately two weeks stability; (b) filed a claim for insurance money; and (c) received a remittance of KRW 458,280 from the above H to the Defendant’s national bank account.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to have the degree of confluence in a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent of ensuring the aforementioned conviction, even if there is a doubt of guilt, such as the defendant’s assertion or defense is inconsistent or uncomfortable, it should be determined in the interests of the defendant.

B. Each of the evidence presented to this court and duly adopted.