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(영문) 대전지방법원 2015.04.22 2014노3003
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant was hospitalized by requiring hospitalization due to an accident that causes mistake of facts, and did not deceiving the victim to acquire insurance money.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case has erred by mistake of facts.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. In a case where a defendant files a false insurance accident with intent to acquire insurance money by fraud or intentionally causes an insurance accident, fraud regarding insurance money is established. Furthermore, even if the defendant suffered minor bodily injury due to an accident that could constitute an insurance accident, if he/she is hospitalized with the hospital for a long time by exaggerationing the injury with intent to acquire insurance money, and if he/she receives excessive insurance money for this reason, it is established a crime of fraud against the whole insurance money.

(2) In light of the following facts and circumstances established by the evidence duly admitted and investigated by the lower court, the Defendant was hospitalized in a hospital for a long time by exaggerationing the injury, and by deceiving the victim as stated in the facts of the lower judgment, and by deceiving the victim as stated in the facts of the lower judgment, and thus, the Defendant did not accept the allegation of mistake of facts. In so doing, the Defendant’s assertion of mistake of facts cannot be accepted.

1. The Defendant asserted that the cage cage cage was cut off by being exceeded from the stairs on September 3, 2008, five days after the purchase of the instant insurance. From September 6, 2008, the Defendant was hospitalized in each order at the D Hospital, “La hospital,” “M hospital,” and “N hospital,” respectively.

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