The guilty portion shall be reversed.

Defendant

A Imprisonment of six months, Defendant B and C shall be punished by a fine of two thousand won.

가. 피고인들 1) 사실오인 등 가) 비순정부품 사용 후 순정부품 가격의 청구로 인한 사기(A유형)의 점 피고인들이 사용한 비순정부품은 순정부품과 동일한 제품으로 비순정부품을 사용하고 미첼가격에 따라 보험금을 청구하는 것을 보험회사가 묵인하여 왔으며 피고인들이 자동차 부품 도소매업도 하고 있었던 점 등을 고려하면 피고인들이 비순정부품을 사용하고 미첼가격에 따라 보험금을 청구한 것은 정당하고 피고인들에게 편취의 범의가 없다.

B) The number No. 1 of the crime sight table (2) as indicated in the holding of the court below was the fraud (type B) due to the claim for the net government goods after the use of used used used parts. There was no deception by the Defendants that used normal parts, not used used used used used parts. No. 2 of the crime sight table No. 2 is the victim Samsung F&M Co., Ltd. (hereinafter “victim Samsung

(C) Since the Defendants paid 50% of the amount claimed by the Defendants as insurance money, the Defendants did not actually incur any loss to the victim Samsung Fire, the fact that the Defendants did not keep all the transaction specifications by means of massive import of parts, etc., it cannot be readily concluded that the Defendants did not have accepted the parts by using the parts solely on the grounds that there was no transaction specifications on the parts. D) As a result of fraud (type K) due to the demand for excessive price (type) higher than the actual purchase price, the Defendants did not have any intent to commit fraud, even though they did not claim insurance money more than the actual purchase price due to the negligence in the process of computerized input, etc., the lower court convicted the Defendants of all the charges. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

2. Unreasonable sentencing.