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(영문) 청주지방법원 2017.09.22 2017노273
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the facts charged of this case and summary of the grounds for appeal

A. The summary of the facts charged in this case is as follows, which the court below acquitted the defendant.

On May 15, 2015, around 19:53, the Defendant: (a) felled into two meters a set of two meters below the Defendant’s 351,510 won in total at the entrance of the Sogdong-gu Sogdong-gu, Cheongdong-gu; (b) even if the Defendant’s vehicle owned by the Defendant was falling into two meters below the Defendant, the Defendant received the accident as if the Defendant’s negligence occurred; (c) claimed insurance money from the victim LIG Non-Life Insurance Co., Ltd. as if the accident occurred; and (d) was transferred from the victim to the corporate bank account under the name of the Defendant on May 19, 2015; and (d) had the victim transfer KRW 1.2 million to the hospital account under the name of the Defendant on June 18, 2015.

Around May 15, 2015, the Defendant attempted to commit fraud: (a) at the entrance of the valley village of the Sogdong-gu, Sogdong-gu, Chungcheongnam-gu; (b) at the entrance of the Sogdong-gu, Chungcheongnam-gu; (c) by an influencing method, the Defendant fells the Cropodi A8 (2007 food) vehicle owned by the Defendant into two meters below the two-meter multiples; (d) on May 21, 2015, the Defendant claimed payment of KRW 31.7 million of the insurance money as if the Defendant was damaged due to the Defendant’s negligence on the part of the Victim LIG Non-Life Insurance Co., Ltd., Ltd., but the victim was suspected of the intentional accident; and (d) the Defendant did not attempted

B. In full view of the following circumstances acknowledged by the record, the lower court’s judgment: (a) based on the evidence presented by the prosecutor alone, proven that the Defendant intentionally fell into the above vehicle by the multiple, beyond reasonable doubt, to the extent that there is no reasonable doubt.

It is difficult to see that there is no other evidence to acknowledge it, and the defendant was acquitted.

The margin of contact on the left side of the vehicle involved in the accident shall be left back from the front, and the height of the trace of contact or the distance of the upper end.

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