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(영문) 수원지방법원 2020.11.27 2020노2947
보험사기방지특별법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) Defendant A claimed automobile insurance by suffering an injury from a vehicle actually driven by Defendant B.

Nevertheless, the judgment of the court below convicting Defendant A of the facts charged of this case on the premise that Defendant A’s injury was not caused by traffic accident.

2. The Defendants asserted to the same effect as in the trial of the court below.

As to this, the lower court did not accept the Defendants’ assertion and found the Defendants guilty of the instant facts charged, taking into account the circumstances as indicated in its reasoning, which are revealed through the evidence duly admitted and examined.

In addition to the circumstances indicated by the lower court, the following circumstances that can be recognized by the evidence duly adopted and examined by the lower court: (i) Defendant B testified Defendant A while leaving a vehicle at the court of first instance at 7:00 a.m.; (ii) on October 4, 2018 following the occurrence of the instant accident, an insurance company stated that the accident occurred at 10 a.m. or 11 p.m.; (iii) on October 11, 2018, the demand for automobile insurance was stated that the accident occurred on October 3, 2018; (iv) Defendant A was called at 114 p.m. on October 3, 2018 and confirmed contact contact points at 114 p.m.; and (v) Defendant B was provided at K Hospital at around 3.5 km and around 9:0 p.m. on the same day, Defendant B did not go beyond 15 p.m. on the same day with Defendant B’s oral hospital on the same day.

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