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(영문) 인천지방법원 2015.03.13 2014노3684

사기

Text

All the judgment below is reversed.

Defendant

A 1,500,000 won, and Defendant C 50,000 won, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts was involved in a traffic accident as stated in this part of the facts charged, and even though it cannot be deemed that Defendant A was hospitalized at F Council members due to the need for medical treatment, Defendant A was guilty, the judgment of the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on Defendant A (a fine of KRW 2.5 million) is too unreasonable.

B. Defendant C (De facto M) was involved in a traffic accident as described in this part of the facts charged, and Defendant C was hospitalized at F Council members to receive hospital treatment and was treated as being hospitalized for more than three days at the above Council members, and was merely responding to this.

The judgment of the court below which found the whole insurance money stated in this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

A. Defendant A - The illegality of litigation procedures relating to a case requiring attorney-at-law