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(영문) 서울서부지방법원 2017.02.09 2016노921
사기미수
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The summary of the grounds for appeal is that, at the time of the instant accident, the Defendant B suffered damage, such as the wheel ballast and leakage of oil in the pentle, due to the collision, and the Defendant A merely prepared a quotation based on the determination that the replacement of the relevant parts is necessary to correct such a problem.

In addition, under the circumstances where there remain the stages of mutual revaluation and consultation with one insurance company, the Defendants provided an estimate according to the Defendants’ subjective opinions, which, in itself, was the commencement of the commission of fraud.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the Defendants guilty on the ground that the Defendants intentionally claimed the insurance money by deception was erroneous or erroneous in the misapprehension of legal principles.

2. The summary of the facts charged in the instant case is the sales business operator of the F-wheeled Automobile in E, and the Defendant A is the same workplace rent as the GP Bak Bak Bak Bak Bak Bak Bak Ba.

Defendant

B around 14:30 on April 6, 2014, at the road located in G, a traffic accident involving the instant vehicle with the instant vehicle by the JCo-do vehicle (hereinafter referred to as “instant vehicle”) while waiting for the signal that he/she is driving two of the instant vehicle of the H-type car (hereinafter referred to as “the instant vehicle”).

However, in fact, the above traffic accident did not have any part of external destruction of the above Orababababa in a minor accident in which the driver of the instant Maritime Vehicle, who was in the signal atmosphere, was able to killbac even with balc, and was in front of the accident. There was no fact that he accepted the collision level after the actual accident, and it was sold to a third party around August 28, 2014 and continued to be operated.

Nevertheless, Defendant B is willing to obtain insurance money by means of demanding repair costs by cutting off the damage caused by Defendant A and the above accident by a private person, and Defendant B shall claim insurance money.

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