보험사기방지특별법위반
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal (in fact-finding and unreasonable sentencing) is that the instant vehicle was a vehicle that could be carried out normally and safely, but only a balance sheet was generated on the day of the accident and not operated for the purpose of carrying out the accident, and considering the fact that there is no economic benefit to receive the insurance money to be received due to the instant accident in light of the vehicle cost, insurance premium, taxes, etc. paid by the Defendant, the instant accident is not an accident caused by snow and snow, and it is not an accident caused by intention to remove the instant vehicle from the drain route on the road which is discontrolable.
Nevertheless, the court below erred by misapprehending the fact that the defendant intentionally caused the accident of this case and thereby deceiving the victim to receive insurance money.
Even if not, the sentence of the court below (two months of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant intentionally caused the instant accident.
In the same purport, the judgment of the court below which found the Defendant guilty of the facts charged of this case is just, and there is no error of mistake that affected the judgment.
1) On or around February 5, 2015, the instant vehicle was destroyed to the extent that the repair cost would be estimated to KRW 40,987,200 due to an accident. The Defendant purchased the instant vehicle on or around March 15, 2015, and received ownership transfer on or around March 25, 2015, and on or around July 6, 2015, the instant vehicle number was changed due to the loss of the vehicle license plate. 2) around March 25, 2015, when the Defendant acquired the instant vehicle, the odometer was 38,000km and the mileage was 41,558km around January 11, 2018, when the instant accident occurred.