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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2020.01.10 2019노2500
보험사기방지특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, due to the instant traffic accident, only received hospitalized treatment due to actual injury, and notified the victim of false facts as stated in the instant facts charged, and obtained insurance money from the victim.

Nevertheless, the court below convicted the defendant, which is erroneous in misunderstanding of facts.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances that can be recognized by the evidence duly adopted and investigated in the lower court’s judgment regarding the assertion of mistake of facts, the Defendant can sufficiently prove the fact that the Defendant committed an insurance fraud as stated in the instant facts charged, so the Defendant’s assertion of mistake of facts is groundless.

① According to the evidence records, the F used to drive a car in Co., Ltd. and park in the C Rest parking lot located in Kimhae-si, Kim Jong-si, around the time when it stops almost at a speed of about 10km, the F used to shock the front number plate of the car in the SP which the Defendant was parked later (hereinafter “instant accident”), and the accident in this case did not cause damage on the collision part of each car. On the day following the occurrence of the instant accident, the Defendant requested F only KRW 400,000 for the repair cost of the vehicle by phone to F, and the insurance processing procedure was performed by the Defendant at first cost within the KP on May 26, 2017, and the fact that the Defendant was treated at the time of the instant accident, in light of the circumstances surrounding the instant accident, the speed of the vehicle in question before and after the pertinent accident, the situation at the time of the collision, the situation at the time of each of the instant accident, and the circumstances at the time of the instant accident, etc.

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