logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.26 2016노3507
사기등
Text

The judgment below

Of all, the guilty part and each part of the fraud in attached Table 1 shall be acquitted.

Reasons

1. The lower court rendered a judgment of conviction as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, and each of the judgment of acquittal as to each fraud, and dismissed public prosecution as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defence, etc.).

Therefore, since only the prosecutor appealed on the part of conviction and innocence among the judgment below, the dismissal part of the above indictment in the judgment below is separated and confirmed as it is and excluded from the object of the judgment of this court.

2. Summary of reasons for appeal;

A. The lower court acknowledged all of the instant fraud crimes at the lower court court’s court, and there is sufficient evidence to support the Defendant’s confessions. The Defendant’s statements, etc. by the insured or insurance hub, an accomplice, are sufficient.

In addition, each insurance company at least 1 and 2 times in attached Table 1 and attached Table 2 of the crime committed each of the instant fraud paid the insured at a rate lower than the disability rate specified in the certificate of disability diagnosis after internal review or agreement with the insured.

However, this is merely a practice for prompt payment of insurance proceeds to the insured, and such circumstance alone does not deny the causal relationship between the defendant's deception and the mistake of the damaged insurance company.

Nevertheless, the judgment of the court below which acquitted all of the facts charged is erroneous by misapprehending the legal principles.

B. The sentence of the lower court (guilty guilty part) is deemed to be too uneasy and unfair.

3. Determination as to the prosecutor's assertion of mistake of facts

A. In full view of the evidence duly admitted and examined by the court below, the court below's determination that the evidence submitted by the prosecutor alone is false after each of the insured submitted to the insurance companies.

or insurance companies, respectively.

arrow