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(영문) 서울중앙지방법원 2020.03.20 2019노2040
보험사기방지특별법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The accident in contact with the summary of the grounds for appeal is only an accident that happens unexpectedly due to the driver's negligence, etc., and the defendant has not intentionally caused the above accident by the intention to acquire insurance money.

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

A. The summary of the facts charged is that the Defendant: (a) knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne; (b) intentionally caused an insurance accident by intentionally leading the Defendant to shock the said vehicle; and (c) paid insurance money to the victim C

On March 24, 2018, at around 19:20, the Defendant attempted to drive the instant vehicle in front of Gwanak-gu in Seoul Special Metropolitan City, and was faced with the part of the Defendant’s knee knee (hereinafter “instant accident”). On the same day, at around 20:32, the Defendant had B, who is aware of the said traffic accident, report the insurance to the victim company with the effect that “The Defendant’s body part of the Defendant was shocked during the course of driving the instant vehicle while driving the vehicle, and thus, caused the victim company to report the insurance treatment.” On April 2, 2018, the Defendant received KRW 742,00 under the pretext of agreement from the victim company, and around April 10, 2018, the Defendant received KRW 380,000 from the victim company the profits of KRW 380,000,000,000 from the victim’s medical fees received by the Defendant outside of the vehicle.

Accordingly, the defendant acquired insurance money by deceiving the insurer on the occurrence, cause, or content of the insurance accident.

B. The lower court’s judgment.

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