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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.12.16 2016노2789
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The accident No. 1 and 5 of the annexed table of mistake of facts was not intentionally paid by the defendant, but actually caused an accident.

The insurance money is not a crime of fraud.

B. The lower court’s sentence is heavy.

2. Determination

A. In light of the following facts and circumstances acknowledged by comprehensively taking account of the evidence examined in the lower court’s assertion of mistake of facts, it is reasonable to view that the said accident was an insurance money and intentionally paid by the Defendant.

1) Regarding the accidents listed in attached Table 1, the driver D of the vehicle (EMW520d) subject to the above accident at the police station, “A driver of the vehicle (EMW520d) reported that a person left behind the vehicle in X room to return to the house, and proceeded with the vehicle in the direction of the green market, and the defendant, who was on the road, was on the road, “I will see why you will see.......... When the defendant appeared to go behind the vehicle, I did not turn on, but continued to do so. At the time of the accident, the defendant was not faced with the vehicle, but there was no place to see the appearance of the vehicle, and even if the accident was caused by the vehicle, the pedestrian and the driver of the vehicle did not go to the police station immediately after the delivery of the vehicle, and the defendant did not take a medical examination and treatment of the vehicle, and the defendant did not go to the after after the accident.”

(3) Since the horses of a driver did not escape from the vehicle behind which the defendant left behind, the defendant is therefore.

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