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The judgment of the court below is reversed.
Defendants are innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) With respect to a claim for excessive insurance proceeds, an insurance company was well aware of the DGU710, etc. claimed by the Defendants, and after reviewing and examining them, it cannot be said that the Defendants deceiving the insurance company. 2) With regard to a false claim for insurance proceeds and double-payment, there is no ground that not only the incidental work of a winduring attachment, crowdfunding attachment, and the industrial waste treatment is not an incidental work of a glass attachment but also the public fee of the said work should not be included in the cost of a glass attachment and it should not be claimed.
In addition, there is no ground that it should not be claimed because the public service cost is naturally included in the part cost in the event of the exchange of crowdfunding.
Therefore, it is not a false claim or double claim on the ground that the Defendants separately claimed the cost of the attachment of the window, the attachment of the crowdfunding, etc.
3) Nevertheless, the lower court convicted of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. In light of the overall circumstances of the instant case of unfair sentencing, the lower court’s sentence (as to Defendant A: fine of KRW 500,000,000,000,000,0000,000 won for Defendant C: fine of KRW 700,000,000,000,000 won for Defendant E; fine of KRW 500,000,000,000 won for Defendant G; fine of KRW 300,000,000 for Defendant H; fine of KRW 2 million for Defendant A; and fine of KRW 2.5 million for Defendant J is too unreasonable.
2. The summary of the facts charged in the instant case is as follows: “NF glass” in Ulsan-gu M; “RF glass” in Q in Ulsan-gu Q; “TF glass” in U.S. in Ulsan-gu; “VF glass” in U.S. in Ulsan-gu; “VF glass” in U.S. in U.S. in Ulsan-gu; “XF glass” in U.S.; “Defendant F” in U.S., “XF glass” in U.S. in Ulsan-gu, Ulsan-gu; and “Defendant G” in U.S. North Korea.