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(영문) 서울서부지방법원 2017.12.07 2017노1222

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On November 1, 2015, in order to prevent conjection with a vehicle that had been faced prior to the change of the vehicle level prior to the change of the vehicle level, the Defendant merely received a part of the medical expenses by claiming insurance money from an insurance company by suffering an injury due to a traffic accident, such as that the actual face faces with hand, etc., and did not intend to commit fraud by the Defendant.

Although the court below found the defendant guilty of the facts charged, the court below erred in the misapprehension of facts.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below also asserted the same purport in the court below. The court below found the defendant guilty in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) according to the defendant's statement, the defendant was wearing a safety level at the time of the accident; (ii) the vehicle speed was about 20 to 30 km; and (iii) the accident analysis of the Road Traffic Authority; and (iv) the defendant was the same purport in the analysis of the traffic accident of the Road Traffic Authority; and (ii) the defendant was treated with the first dental clinic for the first day for the first day for the first day for the first day for the first day, was charged with the insurance money; and all the others were charged with the sexual therapy and impulse treatment; and (iv) the victim's employee appears to have continuously asserted the dismissal caused by the vehicle accident even if the victim's employee raised the shock treatment part.

Comprehensively taking account of the evidence duly admitted and examined by the lower court, the following circumstances recognized by the lower court, namely, the Defendant, who was an insurance company employee, sustained an injury due to the traffic accident around November 1, 2015, even though he/she was an insurance company employee.

The accident is also asserted.