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(영문) 인천지방법원 부천지원 2018.05.25 2018고정96
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of this case is as follows: (a) the defendant intentionally caused a traffic accident by using a large number of vehicles for commuting to and from work with C; and (b) the defendant conspired to receive the agreed amount from the insurance company by entering the hospital; and (c) around September 25, 2015, around 07:47, 2015, at the steering force of the E window-spop-om-on-ray-on-of-Gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and the vehicle involved in the crime, which is the object of the crime, is discovered that the Fsp-ray-of-the-counter-car vehicle will change its car line with C, and that it is called 'non-sturd' method when the other party to the vehicle changed its car line or kid, and then, it is agreed to receive the agreed amount from Samsung 405,500,000 won by deceiving the victim's disease.

2. Determination

A. According to the records, etc. on September 25, 2015, which was submitted by the prosecutor, on September 25, 2015, it is recognized that the Defendant was accompanied by the windsle vehicle operated by C on September 25, 2015 and caused a traffic accident with the other party, and that the Defendant received insurance money in relation to the said traffic accident.

B. B. Examining whether the Defendant conspired with C to intentionally cause a traffic accident, the witness C only stated in this court that the instant traffic accident is not an intentional accident but a conspiracy to obtain insurance money from the Defendant, and the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant intentionally conspired with C to cause a traffic accident, and there is no other evidence to acknowledge it otherwise.

3. In conclusion, the facts charged in this case against the defendant constitute a case where there is no proof of crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

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