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(영문) 수원지방법원 2018.02.08 2017노6033
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the grounds for appeal by the Defendant (misunderstanding of facts) (hereinafter “Defendant”) found that a hurburged car driven by D on October 1, 2015, while driving an X-ray car on the same direction three-lanes of the same direction, does not cause an accident by intentionally taking back the back part of the said hurged car, but did not receive a false insurance contract against the victim Samsung Fire Co., Ltd. and receive the insurance money.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On October 1, 2015, the Defendant: (a) driven the front road of Gangnam-gu Seoul Metropolitan Government, Seoul, along the two-lanes of the four-lanes in the distance of the hospital in the direction of the hospital located in the new street; and (b) operated D in the same direction three-lanes of the same while driving CEX car in the same direction.

E Detection-purd XD car changes the vehicle line into two lanes, and intentionally received the back part of the driver's seat of the above D with the front part of the Defendant's driving vehicle.

Nevertheless, the Defendant demanded the receipt of insurance by asserting that there was an accident due to D’s negligence in the course of the change of the vehicle, and filed a claim for insurance proceeds against the victim Samsung Fire Co., Ltd., which was the owner of the said vehicle from October 5, 2015 to November 27, 2015, the Defendant received insurance proceeds from the victim company under the name of KRW 1,413,610 under the pretext of D’s medical treatment and agreement with respect to D, and KRW 1,073,073,080 under the pretext of agreement with the owner of the Defendant’s vehicle, and KRW 1,073,080 under the pretext of agreement with the F, who is the passenger of the vehicle, and KRW 1,052,290 under the pretext of agreement with H, such as 1,052,290, and received insurance proceeds from the victim company.

B. The lower court found the Defendant guilty of the instant facts charged on the basis of the evidence indicated in its holding.

However, we cannot accept the judgment of the court below for the following reasons.

(c)

judgment of the court.

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