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(영문) 서울남부지방법원 2018.05.15 2018노369

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Before deciding on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the following “criminal facts” at the trial court, and this Court was changed by granting permission. Thus, the judgment of the court below was no longer maintained.

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 unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

(1) The Defendant was sentenced to a suspended sentence for ten months of imprisonment with prison labor for special larceny in the support of Suwon Franchisor, on April 27, 2012, and on February 15, 2013, the suspended sentence was revoked after being sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the support of Suwon Franchisor, and the suspended sentence was revoked on April 28, 2015.

1. Fraud against the victim's modern commercialization reinsurance company;

A. The Defendant, along with A, H, and I, committed a public contest with A, H, and I, intentionally committed an accident involving a vehicle violating the laws and regulations, and then, the other party’s driver’s negligence, who caused the accident, makes a false representation as if the accident occurred, and received insurance money, and expressed 50% of the amount of each party’s agreement paid to H to receive insurance money.

Pursuant to the foregoing mother, at around 11:00 on June 10, 2016, the Defendant, A, H, and I had been driving JMW car at the first lane in front of the Seongdong-gu Seoul Metropolitan Government Seongdong-dong Seongbuk-gu, Seoul, and H has been driving the JMW car, and the Defendant, A, and I has been driving the car beyond the central line in accordance with the situation where the Defendant, A, and I has been driving it.

Finding the LV car operated by K and being operated by the said BMW car.