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(영문) 광주고등법원 (전주) 2014.06.17 2013노271

살인등

Text

The judgment of the court below is reversed.

Defendants are innocent, and each request for compensation by the applicant for compensation is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts in collusion with multiple driver insurance in the name of Defendant A, causing each traffic accident by pretending to receive a large number of traffic accidents in order to receive a traffic accident, and there was no fact that each of the above traffic accidents was committed by obtaining insurance money from the victim insurance companies by fraud or by fraud, and each of the above traffic accidents was merely caused by Defendant A’s negligence. Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s judgment that convicted all of the charges of this case is erroneous.

B. Prosecutor - The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

2. The summary of each of the facts charged in the instant case was that Defendant B received insurance money of KRW 223,535,020 (excluding the money paid to the victim) from the insurance purchased on February 4, 2009 and on March 4, 2009, after having subscribed to the car liability insurance on February 17, 2009, as well as KRW 131,689,625,020 (excluding the money paid to the victim) on April 1, 2009.

Accordingly, the Defendants subscribed to a large number of driver insurance contracts under the name of Defendant A, and subscribed to a large number of traffic accidents, and Defendant A subscribed to a total of eight driver insurance contracts until October 2009 on May 8, 2009, before acquiring a driver's license (acquisition date).

Defendant A, in violation of the Punishment of Violences, etc. Act (injury by collective weapons, etc.), following the above public invitation, was Defendant A, at around 19:50 on September 24, 2009, on the front of the road of the E agency located in Do in Gunsan-si, Gunsan-si, with the face of the arms plaza from the high-distance flood.