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(영문) 인천지방법원 2016.07.20 2016노347
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute deception of money by deceiving the victim insurance company by committing an act as if the victim suffered an injury even though the defendant did not have any injury due to a traffic accident, as stated in the judgment of the court below.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. The driver was driving the instant vehicle.

G From the investigative agency to the court of the court below, the instant vehicle was driven by proposing that the Defendant, etc. receive and drop off the insurance proceeds within the traffic accident.

The first accident occurred in the course of intentionally taking a vehicle out of the reverse direction on the one-way road and planning to take an accident, but it was not planned to do so, and there was an accident in which the latter part of the vehicle has not been strong shock at the time of the accident, and the latter part of the vehicle has not been flicked.

On the same day, while the left turn from the broom of Incheon on the same day, there was an accident where a person boarding on the broom of broom and broomd into the window (hereinafter “the second accident”), but the people did not have an accident to the degree of broom.

He/she has consistently stated that he/she was injured or not injured due to each of the above accidents.

The Defendant received a summary order of KRW 1,00,000 from the criminal facts that he/she had attempted to acquire insurance money after intentionally taking a vehicle driving ahead of the previous one-way road with an intention to commit a traffic accident. The above summary order is factually consistent with the substance of the traffic accident and the details of the traffic accident originally planned by the Defendant, etc. following the statement of G.

In addition, the tolerance of the first accident shows to a minor level, and it seems that this tolerance is not likely to cause significant changes in sports and injury to passengers.

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