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(영문) 부산지방법원 2020.08.19 2020고정650

보험사기방지특별법위반

Text

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. The facts charged B and the Defendant, even though there was no injury as a traffic accident caused by a sudden traffic accident, intended to acquire insurance money under the pretext of agreement and treatment by deceiving an insurance company as if they were injured due to a traffic accident.

B around 14:40 on August 9, 2017, around 14:40, 2017, at two lanes prior to the port of the Sim-U.S. in Busan, the Defendant was on the part of the victim, and the Defendant was on the part of the victim, by taking the insurance claim from F and G to take care of the amount of medical expenses and the agreed money, despite that there was no injury due to an accident, as there was a minor contact between the E-pact vehicle aspect in operation D and the head side of the bent vehicle, and the accident was caused by an accident, B was on the part of the victim at the time of the accident, and the Defendant was on the part of the victim at the time of a sudden stop, and the Defendant was on the part of the victim by taking care of the medical expenses and the agreed money through taking care of the victim by receiving the insurance claim from G and G, and the Defendant acquired the 252,020,790,000 won, G,17,500 won,500

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(Supreme Court Decision 2001Do2823 Decided August 21, 2001)

B. In full view of the following circumstances with regard to the instant case, it is difficult to view that the instant facts charged are proven to the extent that there is no room for an agreed doubt that the Defendant acquired the insurance money by deceiving the insurance company even though the Defendant did not have suffered an injury due to a traffic accident, and there is no other evidence to acknowledge it

1. The instant traffic accident is likely to occur.