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(영문) 수원지방법원 2014.08.28 2013노5233
사기
Text

The judgment below

Of them, the part of conviction and the part of acquittal on the fraud caused by the accident of July 3, 2009 shall be reversed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant was hospitalized in a minor traffic accident, such as the charge not guilty in the lower court, by exaggerationing the content of injury, and then acquired total insurance money from the insurer and acquired it by fraud.

However, the lower court acquitted this part of the facts charged on the ground that it constitutes a case where there is no proof of crime.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged in the charge is that the Defendant, while working as an on-site partner at the traffic accident scene, was well aware of the claim for insurance money and the payment procedure, and the occurrence of minor traffic accidents that actually suffered injuries to the fright landing and the frighting degree of scambling, the Defendant attempted to take the charge of receiving insurance money, including temporary shutdown damage, which was hospitalized by exaggeration the contents

On July 3, 2009, the Defendant: (a) while driving a rental car in the vicinity of the Legal Training Institute located in Yong-gu, Young-gu; (b) caused minor contact with H buses belonging to G driving personnel; (c) suffered minor injuries at the level of 2 to 3-day pain treatment at the distance of 2 to 3-day, such as light base, humphal base, humphal base, and humphal base; (d) but was presumed to have suffered serious injury requiring hospitalized treatment; (b) from August 11, 2009 to September 25, 2009; (c) from September 1, 2009 to September 12, 2009, the Defendant was hospitalized at the G operating school located in Young-si; (d) from July 17, 2009 to 3, 2010, 301, 10 to 35,301, 45, 2010, 3015.7

However, the defendant leaves the hospital during the period of hospitalization and takes a total of 20 times.

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