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(영문) 수원지방법원 2019.11.29 2019노4856

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The traffic accident of this case in misunderstanding of facts is not intentionally induced to acquire insurance money.

The sentence of the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, since the defendant can be recognized that he intentionally conspired with B, C, and D caused the instant traffic accident and acquired insurance proceeds by deceiving the victim, this part of the defendant's assertion is without merit.

On August 29, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for special larceny, etc. in the Suwon District Court’s Ansan Branch on September 6, 2014, and the judgment became final and conclusive on August 26, 2015. On September 3, 2015, the Seoul Southern District Court sentenced the Defendant to a two-year suspended sentence of imprisonment with prison labor for the crime of aiding and abetting, etc. on August 26, 2015, and the judgment became final and conclusive on September 3, 2015. The above special larceny, etc., for which the judgment of the lower court rendered against the Defendant was final and conclusive on September 3, 2015, in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account equity with which

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal of the judgment below, and the following is again decided after pleading.

【The reasoning of the judgment rendered in multiple times】 The facts constituting a crime and the summary of the evidence recognized by the court of this Court and the summary of the evidence are as follows: (a) the first head of the crime of the judgment of the court below was sentenced to three years of imprisonment with prison labor for special larceny, etc. in the Suwon District Court’s Ansan Branch on August 29, 2014; and (b) the judgment became final on September 6, 2014; and (c) on August 26, 2015, the Seoul Southern District Court sentenced one year of suspended sentence for one year of imprisonment with prison labor for aiding and abetting, etc. and became final and conclusive on September 3, 2015.