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(영문) 서울서부지방법원 2017.05.11 2017노195
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case on the ground that there was no proof of crime, even though it was sufficiently recognized that the defendant intentionally caused an accident and caused the accident by the other party's vehicle's negligence and caused the damaged insurance company to pay sirens and medical expenses, etc., on the ground that there was no proof of crime.

2. Determination

A. The summary of the facts charged is that the Defendant, who is engaged in the automobile maintenance business, such as car painting work, can prevent a sufficient accident while operating a car in the Defendant’s possession, he was willing to induce minor accidents against the vehicle that is subject to the change of the vehicle, and let the other party driver receive the insurance, thereby deceiving the relevant insurance company to obtain the unpaid repair cost, agreed money, hospital treatment cost, etc.

On November 17, 2014, when the Defendant was driving on the road near the tunnels in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul. Around November 17, 2014, the Defendant discovered the replacement of the vehicle in front of the Defendant’s driving vehicle, caused the accident by intentionally taking the said SM5 vehicle as is, and caused the accident, and caused D to receive insurance from the victim Samsungsung Disaster Insurance Co., Ltd. as if the accident occurred due to D’s negligence, and caused D to receive the insurance from the victim company on November 27, 2014, and caused the victim company to receive 4,00,000,000 won as the repair cost of the vehicle on November 27, 2014, and caused the victim company to pay the total amount of KRW 582,400 under the pretext of siren service to the victim company (ju) from 00 days to 250 days to 405 days to 205 days to 205 days to 205 days to 2505 days to 205 days to 25 days from the victim’s.

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