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(영문) 서울고등법원 2015.04.29 2015노425

일반건조물방화

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant conspireds with H, etc. to commit the instant crime. Therefore, the defendant has been staying in a foreign country for a long time for the purpose of escaping criminal punishment against the instant crime, and the statute of limitations has been suspended during that period. However, it is difficult to readily conclude that the defendant's stay in a foreign country was the purpose of escaping criminal punishment, and thus, the statute of limitations has not been suspended, and there is an error of mistake in the facts in the judgment of the first instance court that acquitted the instant facts,

2. Determination:

A. The summary of the facts charged in the instant case is a person who acquired U.S. nationality on July 27, 2004.

The defendant has worked for 19 years in a luki fire insurance company.

Since the withdrawal from the office around June 30, 1995, H, which became aware of the name of "G" in the name of "G" in Goyang-dong, Yongsan-gu, Ilyang-si, which is the first floor of 137, recommended H to subscribe to fire insurance on the raw materials warehouse (which H was leased and used from victim I) in the raw materials warehouse (which was leased from victim I). On September 11, 1996, H had H subscribe to fire insurance that compensates the actual amount of damage within the maximum insurance amount of one billion won for the above raw materials, etc. (the Defendant and H are stated as the co-owner of the subject matter of insurance).

Then, on February 11, 1997, the Defendant: (a) had H enter false entries in the receipts and disbursements of the warehouse and prepare to receive a large amount of insurance proceeds; (b) conspired to make fire insurance proceeds into the H and the above warehouse; and (c) as a result, H moved into J and K with the method of ordering fire prevention after the trend of the entry in the receipts and disbursements of the warehouse.

Pursuant to the above mother, H has completed the entry of the account book of receipts and disbursements in the warehouse at around 19:30 on March 13, 1997, and after J and K have completed the said warehouse.