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(영문) 청주지방법원 2018.08.17 2018노148
사기
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendants conspired to accept the insurance money from the injured party by receiving a false traffic accident as if Defendant B’s bridge was involved in the cargo vehicle, but the court below acquitted the injured party of the facts charged of this case. The court below erred by misapprehending the facts and thereby affecting the conclusion of the judgment.

2. Judgment on the grounds for appeal

A. The summary of the facts charged in the instant case was around 15:40 on May 12, 2016, while the Defendants were working for the heart in front of the H village located in the Cheongju-si, Cheongju-si, Cheongju-si, for an accident involving Defendant B’s bridge kid during the Egymna period, which Defendant C employed by Defendant C and the J driven by Defendant B, and the remaining work sites where the aforementioned B’s medical expenses, etc. were likely to occur. As such, the Defendants solicited the above B and the said C’s freight car to have been involved in the accident and to handle the automobile insurance expenses, etc.

Accordingly, around May 13, 2016, at around 15:02 on May 13, 2016, Defendant A sent a telephone to the Insurance Co., Ltd., Ltd., a private person who purchased the automobile insurance of the Lpoter freight car owned by the above A, with the call from around 10:00 on May 12, 2016 at the Cheongju-si G farm in the petition-gu, Cheongju-si.

A accepted an accident to the effect that “A’s L Poter cargo vehicles and the rear part of B’s N Poter cargo vehicles owned by the wife M, which were parked in the lower part, caused an accident.”

Defendant

C, on May 17, 2016, after conducting on-site investigations, around 16:30, around 16:5.17., 2016, C returned the situation of the occurrence of the accident, and explained the circumstances of the accident, such as the receipt of the insurance company accident, as if he had not directly observed the accident, to P and Q of O and staff Co., Ltd. and Q.

Defendant

B On May 20, 2016, the R Hospital, which was hospitalized in around around the day, explained the situation of the occurrence of the accident to P, such as the purpose of the insurance company accident receipt.

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