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The judgment of the court below is reversed.
Defendant
A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of two years, respectively.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles all the accidents in the instant case were caused by the other driver’s negligence, and the Defendant did not have any intention to deceive an insurance company by intentionally inducing an accident. The Defendant was merely engaged in the joint-defendant B’s business and there was no fact of conspiracy. 2) The sentence (one year of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.
B. Defendant B1) misunderstanding of facts and misunderstanding of legal principles all the accidents in this case were caused by the other driver’s negligence, and the Defendant had intentionally induced an accident, and there was no intention to deception an insurance company. The Defendant was merely a co-defendant and there was no fact that he conspireded with the Co-defendant A. The Defendant did not directly receive vehicle repair costs, siren costs, and treatment costs, so the Defendant could not be deemed to have obtained by fraud. The Defendant did not have any habitive behavior against the fraud. 2) The sentence (two years and six months of imprisonment) sentenced by the lower court of unfair sentencing by the Defendant is too unreasonable.
2. Judgment as to Defendant A’s sole criminal conduct
A. As seen below, Defendant A’s assertion of mistake of facts as to the following part of the facts charged 1. of the instant case is without merit.
The Defendant asserted that there is no reason to cause an accident since the Defendant was unable to conduct his/her taxi business while repairing a taxi due to an accident in the event of an accident that occurred while operating a taxi. However, the Defendant stated in the court below that he/she would operate the deep oil center with Co-Defendant B while operating the deep oil center in addition to Co-Defendant B, and the Defendant stated in the court below that he/she would perform his/her deep oil center duties for hours during which he/she did not drive the taxi. In the event of an accident in the course of operating a taxi, the Defendant was paid money from the insurance company as the taxi commission and individually received money during