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(영문) 부산지방법원 동부지원 2012.07.12 2012고정259
사기
Text

1. The defendant is not guilty. 2. The summary of the judgment of this case shall be notified publicly.

Reasons

1. On October 14, 201, the Defendant: (a) around 12:50 on October 14, 201, operated the U.N. road in front of the U.N. DM5 vehicle owned C-owned DM5 vehicle from the area of Busan's public announcement to the area of the J. Dong-dong-dong-gu, Nam-gu, Nam-gu; and (b) filed a claim for insurance proceeds by submitting a diagnosis and estimate to the victim's area of the F Hegel vehicle driven by E in front of the driver's seat of the said SM5 vehicle with the front back part of the F Hegel vehicle operated by E, and the vehicle was destroyed by the vehicle.

However, there was no contact between the above SM5 vehicles and Hegel vehicles driven by the defendant.

On October 28, 201, the Defendant acquired economic benefits by having the said company pay KRW 1,20,000,000, the payment of KRW 1,033,100 on November 8, 201, and KRW 500,000 on November 18, 201, and KRW 2,73,103,10 on November 18, 201.

2. According to the evidence submitted by the prosecutor, it seems that there was a proof that the defendant filed an insurance claim even if the contact accident did not occur.

However, criminal facts should be proved by a judge to have high probability to the extent that there is no reasonable doubt. In light of the following circumstances, it is difficult to readily conclude that the defendant filed an insurance claim even though the defendant did not have any traffic accident.

Ultimately, since the facts charged in the instant case fall under a case where there is no proof of crime, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act and a summary thereof is publicly announced under Article 58(2) of

The contents of the defendant's statement in the investigative agency are relatively detailed, and they are consistent with the allegations of E in the direction of E's proceeding or the number of persons on board (the head of the vehicle was accompanied by a female).

(b).

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