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(영문) 서울서부지방법원 2015.11.06 2015노1054
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal is that the Defendant intentionally did not cause each of the traffic accidents in this case, and the Defendant received ordinary insurance benefits only after receiving necessary treatment at the time of the accident, but did not have any intention to obtain insurance money.

Nevertheless, the court below found all of the facts charged of this case guilty by misunderstanding the facts.

2. The Defendant is a taxi driver in the instant facts charged.

The defendant intentionally caused a traffic accident, such as sudden stopping or towing of a motor vehicle, and received medical treatment by exaggerationing the degree of damage after the traffic accident, and acquired it by receiving agreements, medical expenses, etc. from the insurance company.

On June 25, 2010, the Defendant discovered that, on June 25, 2010, the Defendant: (a) on June 25, 2010, driven C cab on the front side of the New Village department store in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, entered a big way from the alleyway; (b) intentionally stopped in front of the running direction of the said high-speed car, and caused the Defendant to drive C cab on the front side of the said high-speed car.

Although the Defendant did not have intentionally caused a traffic accident as above and suffered injury to the extent of hospitalized treatment, the Defendant got involved in the accident at D’s negligence, and was presumed to have been hospitalized at F’s Council members for three days due to perchitis, etc., and then filed a claim for an agreement, etc. with the victim, and then, he received from the victim company for an agreement amounting to KRW 1,180,000 under the pretext of agreement on June 29, 2010, KRW 228,000 under the pretext of medical treatment on October 19, 2010, KRW 250,000 under the pretext of vehicle repair expenses on June 30, 2010, and acquired it by deception KRW 1,658,000 under the pretext of vehicle repair expenses.

B. On July 12, 2010, the Defendant, due to intentional traffic accidents, was on July 12, 2010, suspended for the air traffic signal of the IOtoba, which H drive in front of Gtel in Jung-gu Seoul, Seoul.

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