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(영문) 서울동부지방법원 2017.11.16 2017노1086
사기
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

except that this judgment.

Reasons

1. According to the evidence submitted by the prosecutor, although the court below found the fact that the defendants intentionally caused the instant traffic accident as stated in the facts charged and acquired insurance money, it cannot be ruled out that the possibility that the instant traffic accident occurred due to Defendant A's stroke driving cannot be ruled out. Accordingly, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The following facts are acknowledged according to the evidence duly adopted and examined by the court below.

① Defendant A is a proxy engineer belonging to G, and the Defendants are more friendship among middle schools.

Defendant

B around June 13, 2015, around 23:29, when the Defendant was accompanied by Defendant A, the instant traffic accident occurred while Defendant A was acting on behalf of Defendant B for a FC 300C car (hereinafter “instant vehicle”).

Nevertheless, the Defendants made a false statement as follows: (a) in the course of the accident that was submitted to G Insurance Co., Ltd., Ltd., the victim MG Non-Life Insurance Co., Ltd. (hereinafter “victim Insurance Co., Ltd.”); (b) the police station immediately after the occurrence of the instant traffic accident; (c) made a false statement as being first viewed by the police station; and (d) acknowledged that the history of the traffic accident that occurred by the Defendants on the part of the Defendants was known to the insurance company,

② As to the circumstances leading up to the above false statement, Defendant B’s statement that Defendant A was found to be a factory located in his or her broad name on the following day of the traffic accident in this case, if Defendant B made a statement that he or she is a relative with each other, the accident processing may be delayed because the instant vehicle is a vehicle for goods entrusted to sell and sell, and the accident processing may be delayed due to the fact that the vehicle in this case is a vehicle for goods entrusted to sell and sells,

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