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(영문) 수원지방법원 2017.01.16 2016노3925
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for six months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) In the lower judgment that found Defendant A guilty of all the facts constituting a crime against Defendant A, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine as follows, thereby adversely affecting the conclusion of the judgment.

A) Each “public contract and the package false claim for parts” (attached Table 2) is merely a receipt of insurance money from victims according to the customary practice of “collective claims” and do not constitute fraud.

In other words, as the repair cost of the vehicle involved is anticipated to exceed the value of the vehicle, the vehicle owner entered into the work after making a decision on the total amount of the repair cost through consultation between the insurance company and the above defendant's side, which is the vehicle maintenance company, after making a lump sum agreement between the insurance company and the vehicle maintenance company. In addition, when the borrower requests to repair the vehicle at a low level within the amount of the material amount due to concerns about the premium increase, the borrower or the insurer should use the recovered parts or used parts, which are not new products, within the amount of the repair cost determined in advance with the consent of the insurance company, and the above defendant does not have taken

B) The evidence, such as the witness L/B’s statement in each of the “written demand for intentional destruction or extension acceptance” portion (attached Table 3), does not coincide with the facts charged by each vehicle on the list of crimes in this part.

C) In the case of false claims for all parts, such as the remainder (attached Form 4 to 6) of each auxiliary number plate false claims (attached Table 4), each alkin aluminium wheelchairs, each part of the false claims (attached Table 5), each part of the false claims (attached Table 6), and each part of the false claims for vehicle goods (attached Table 6), the claim is made in accordance with the practice of claiming the public fees and the cost of parts in a lump sum, not by receiving insurance money against the victims, and some of the items are “public duties and parts.”

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