사기
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case, attached Form.
1. The court below found the Defendant not guilty of the frauds listed in the annexed Table Nos. 1, 2, 5, 7 through 10, 12, 13, 15, 17 through 21, 23, and 28 among the facts charged in the instant case, and the part of the Defendant’s acquittal was finalized on the ground that the prosecutor did not appeal.
Therefore, the scope of this court's trial is limited to the part found guilty by the court below.
In addition, the court below acknowledged only fraud caused by the director of the damage division and acquitted the above part on the grounds that there is no evidence to acknowledge it, among the charges of this case, the part caused by the intentional accident among the charges of this case, Nos. 3, 4, 6, 11, 14, and 30 of the attached list of crimes committed in this case.
The defendant appealed against the guilty portion of the judgment of the court below, and the prosecutor did not appeal. In such a case, according to the principle of no appeal, the acquittal portion of each of the above reasons is also transferred to the trial court together with the guilty portion. However, the acquittal portion of the reasons is already excluded from the object of the attack and defense between the parties, and thus, it cannot be judged again in the trial court.
Therefore, the conclusion of the court below is followed with respect to the acquittal portion of each of the above reasons, and it is not judged again in the trial.
2. Summary of grounds for appeal;
A. The Defendant intentionally caused an accident No. 16, 22, and 29 No. 16, 29 of the annexed List of Crimes, and the Defendant did not exaggeration the damage suffered by the Defendant due to an accident No. 3, 4, 6, 11, 14, and 30 of the same Table, and there was no intention to defraud the insurance money.
In addition, if a taxi operated by the defendant is damaged due to an accident, the repair is conducted at the repair center designated by the company, so the defendant cannot be considered to have received insurance proceeds because he/she neglected physical damage caused by the above accident.
B. Imprisonment with prison labor sentenced by the court below.