사기미수
The defendant shall be innocent.
1. The Defendant, who was guilty of the facts charged, purchased BMW Ba which was destroyed by a traffic accident, and had the Defendant receive insurance money by deceiving the insurance company by receiving false accidents and claiming insurance money.
around 12:20 on August 20, 2016, the Defendant made a false statement to the effect that “On the basis of 95 high level, the Defendant called the Victim KB Non-Life Insurance (D) to the front wheels of Defendant’s driver’s driver’s f BM Bab and damaged the latter wheels of the Defendant’s driver’s fW Bato, thereby causing damage to the receipt of the insurance.”
However, in fact, D did not have any shocked the BMW Oralb by driving the Oralb, and the above BMW Oralb had already been damaged.
The Defendant: (a) by deceiving the victim as above, and attempted to receive KRW 20,000,000 from the victim under the pretext of insurance money; (b) however, the victim was suspected of insurance fraud and refused to pay insurance money, and did not commit an attempted crime.
2. Determination
1. The defendant alleged by the public prosecutor purchased the BMW Ba which was damaged by a traffic accident, and then deceiving the insurance company that did not have any traffic accident (in the absence of damage to the defendant's assertion because only a minor accident or a minor accident, it did not cause damage to the defendant's assertion) and acquired insurance money.
2. Review:
A. In light of the following circumstances acknowledged by the evidence examined by the court, whether the damaged dives were purchased or not, the Defendant purchased the damaged dives
There is room for doubt.
① On January 2016, 201, the instant Obane was damaged.
In addition, insurance money was paid from insurance companies.
② In addition, the damaged photograph (not more than 118 pages of evidence records) and the Defendant purchased Obaba on August 5, 2016 and caused an accident on August 20, 2016.
A photograph of damage from a otobane taken subsequent to the assertion (record of evidence).