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(영문) 서울북부지방법원 2019.03.28 2018고단1347
사기
Text

Defendants are not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Facts charged;

A. At around 06:00 on April 8, 2016, Defendant A received an insurance accident from the victim F Co., Ltd. at around that time, in case where there was an accident of contact with the chief part of the Esch Rexrothed vehicle owned by Defendant B, which was parked for left-hand while driving a D Co., Ltd. on the front side of Songpa-gu Seoul Metropolitan Government, with the right-hand side of A Co., Ltd.

However, the accident was caused intentionally by the defendants to receive the unrepair insurance money.

On April 19, 2016, the Defendants: (a) by deceiving the victim as such; (b) obtained 990,000 won from the victim to the G bank account under the name of the Defendant B for the unrepaired insurance money.

B. Defendant A: (a) around 02:13 on June 16, 2016, on the front road located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) above Defendant A.

In the event of an accident that contacts all telegramss on the left side of the road with the left-hand side of the AD vehicle while driving the AD vehicle as stated in the port, the accident was received by the FF in charge of the dispute resolution committee at that time.

However, the accident was caused intentionally by the defendant to receive the unrepair insurance money.

On July 7, 2016, the Defendant: (a) by deceiving the victim; (b) obtained the money by remitting the total of KRW 12 million to the J bank account in the name of the Defendant to the J bank account in the name of the Defendant; and (c) obtained the money by deceiving the victim on July 7, 2016.

2. Each accident described in the facts charged by the Defendants and the defense counsel is merely an accident caused by Defendant A’s negligence, not an accident caused intentionally by the Defendants’ solicitation or by Defendant A for the purpose of acquiring insurance proceeds on their own.

3. The prosecutor bears the burden of proving the facts that constitute the elements of the crime prosecuted in the judgment of the court.

The conviction in a criminal trial leads to a judge's conviction that the facts charged are true to the extent that there is no reasonable doubt.

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