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(영문) 서울남부지방법원 2019.11.26 2018노213
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, the court below erred by misapprehending the legal principles as to the Defendants, even if the Defendants received insurance money after intentionally causing an accident as stated in the facts charged in the instant case, or even if the accident caused by negligence is caused by negligence, it can be recognized that excessive insurance money was received (the fact of exaggeration of damage), and that the Defendants received insurance money from the insurance company.

2. The summary of the facts charged is as follows: (a) Defendant A is the Dongbook operated by the N (former M) and the O (O) which is the repair store of Oralba; (b) Defendant AP is the seat of P; (c) Defendant B is the seat of G, the repair store of Oralba, and Defendant C and Defendant E are R, the repair store of Oralbaba, which operates Q.

Defendant

Defendant A and P conspired to obtain insurance proceeds by intentionally paying a traffic accident using P and external oba, and Defendant A, from March 15, 2012 to January 10, 2014, by deceiving the damaged insurance companies as shown in the crime list (1) shown in the attached Table of the lower judgment, and received a total of KRW 40,240,000 from the damaged insurance companies.

B. Defendant AP and P conspired to use the “M” operated by P while causing an intentional traffic accident using the external airba, and obtain the insurance proceeds by fraud. From July 19, 2012 to March 27, 2013, Defendant AP and then received KRW 29,371,850 in total from the damaged insurance company by deceiving the damaged insurance company as stated in the attached Table of Crimes List (2) in the judgment of the court below through three times from July 19, 2012 to March 27, 2013.

C. Defendant B and B conspired to commit the crime of conspiracy with Defendant B and G with intent to obtain insurance money after causing a traffic accident using an external stoba, which was known at the club, and is friendly, and around May 25, 2012, at the street above the Z convenience point in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

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