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(영문) 대구지방법원 2015.06.05 2014노3494
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant intentionally causes each of the instant accidents can be fully recognized.

Nevertheless, the court below rendered a not-guilty verdict on each of the facts charged in this case. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

2. On July 29, 201, the Defendant: (a) purchased KRW 38 million from the importer “F” for direct import of BMW35i vehicles from Nam-gu Incheon Metropolitan City D to KRW 38,000,000; (b) obtained loans from the Hyundai Capital Capital; and (c) purchased the said vehicles with knowledge that the said vehicles were repaired and sold after importation.

After purchasing the said vehicle, the Defendant tried to operate the said vehicle as a siren but did not intend to do so, and as a result, there was no person seeking to purchase the said vehicle, other than a fixed imported vehicle, making it difficult to dispose of the said vehicle difficult to dispose of the said vehicle, the Defendant intentionally paid the vehicle accident, and recovered the purchase cost for the said vehicle by receiving insurance money from the insurance company for disposal of the vehicle, and intended to dispose of the said vehicle.

On November 3, 2011, at around 22:11, the Defendant received the report of the accident to the victim’s marine insurance, as it was a traffic accident in which the passenger car, which was madju while driving the said BMW35i E (2008 Form), tried to avoid passing the road at the central line, while the passenger car, which was driving the said BMW35i E (2008 Form), tried to avoid passing the road.

However, the fact was that the defendant driven the above vehicle in order to pay the insurance money and caused the accident intentionally to the telegram.

As above, the Defendant, by deceiving the victim of the same fire insurance (state), received KRW 13,80,00 from the victim and acquired it by deception.

(b).

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