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(영문) 대전지방법원 2013.10.10 2013노482
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case (the factual error) revealed that the traffic accident of this case was shocked to the extent that the part between the string and the string of the Defendant’s vehicle would be replaced. The Defendant was hospitalized by G, who was diagnosed by the doctor of “C Hospital, as the need for hospitalized treatment due to the scambling and the schilled scams, etc., and actually received water treatment. Therefore, the judgment of the court below convicting the Defendant of the facts charged of this case that the Defendant

2. Determination

A. In the event of exercise of rights by means of deception, if the act belonging to the exercise of rights and the act of deception belonging to such means are comprehensively observed, and such deception cannot be acceptable as a means of exercise by social norms, the act of exercise of rights constitutes fraud, and there is a reason to receive insurance money.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money than the actual insurance money, a crime of fraud is established against the whole insurance money received.

(See Supreme Court Decision 2008Do4665 Decided May 28, 2009, etc.). B.

The following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the trial court, namely, ① the Defendant, a taxi engineer, did not receive a hospital on the day of the accident, even though he was involved in the accident that caused the replacement of the part between the backer of the Defendant’s vehicle and the bitular part due to the instant traffic accident; ② the Defendant was diagnosed on December 13, 2010 as of the following day by the G, the president of the “C Hospital,” who was working for himself, for approximately three weeks of medical treatment, and was hospitalized in the said hospital from December 13, 2010 to December 31, 2010.

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