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(영문) 서울동부지방법원 2018.11.28 2018노857
사기미수
Text

The judgment of the court below is reversed.

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

Reasons

1. The grounds for appeal (misunderstanding of facts and misapprehension of legal principles) do not intentionally fall in order for the criminal to escape arrest, and even if the escape out of the window mold was crashed to escape arrest, the defendant did not have any negligence of falling, even though it was found that the escape was crashed out of the window mold to escape arrest.

2. Determination

A. On July 18, 2016, the Defendant subscribed to three insurance policies sold by the victim H stock company, including (i) B (7,723 won of monthly insurance premium, (iii) and (ii) D (29, July 29, 2016, (ii) D (25,889 won of the renewed monthly insurance premium, e) and (iii) F (97,500 won of monthly insurance premium, e: G) on July 29, 2016.

The fact that the nature of the insurance that the defendant has subscribed is not to claim insurance money because the medical expenses for hospitalization are not compensated if he/she intentionally damages himself/herself.

Nevertheless, on August 17, 2016, the Defendant stated that the Defendant’s name and address, “the date and time of the accident” in the insurance claim received from the injured person: (a) on August 5, 2016; (b) home-based; (c) the name and address of the Defendant’s address; and (d) the name of the diagnosis: (c) the address of the accident: (d) the head of the patient’s address; (b) the address of the patient’s address; and (d) the process of the occurrence of the claim: (e) the fall and the date of the fall and preparation: August 17, 2016; and (e) the date of signing and sealing the insurance claim and the medical certificate issued by the I Hospital; and (e) filed a claim against the injured person for KRW 14 million for the first surgery expenses.

However, when the defendant was found to have intentionally crashed in the process of examining insurance money by the person in charge of the victim's employees who received the above claim, the payment of insurance money was suspended and the intention was not achieved.

B. 1) The court below held that witness witness’s legal testimony, first-aid records (emergency records), first-aid certificates, etc. were used as evidence, and the defendant intentionally crashed on the fourth floor.

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