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(영문) 대전지방법원 2016.09.29 2015노904
사기
Text

1. Defendant A

A. Of the judgment of the court below, the part of conviction against Defendant A and the part of acquittal against Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and E1 (guilty part of the judgment of the court below) is not a purchase of insurance money when acquiring multiple insurance policies. Defendants A are not a purchaser of insurance money. Defendants did not intentionally receive insurance money by means of long-term hospitalization for the receipt of insurance money, and most of the insurance money received by A are used for the disbursement of hospital expenses and there is little practical benefit that the Defendants acquired.

B) In addition, in relation to the calculation of the insurance money that the Defendants acquired by deception, there is a difference between the insurance money and the payment details received by the Defendants as the instant crime, and as such, 2,80,000 won received from the victim’s fire among Nos. 1 and 7 of the crime inundation table as indicated in the judgment below (hereinafter “crime inundation table”), and the amount received regardless of Defendant A’s hospitalization.

C) Therefore, the lower court erred by misapprehending the legal doctrine that found Defendants guilty of some charges, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the court below against the unjust defendants [excluding the part concerning the victim LIG non-life insurance in this year), No. 5 through 9 (excluding the part concerning victim LIG non-life insurance in this year), No. 11 through 14, and No. 17, and the list of crimes, No. 3, No. 4 annually in the list of crimes, No. 4 in the list of crimes, No. 5 in the list of crimes (excluding the part concerning victim Hyundai Sea and LIG non-life insurance), No. 4,6,7 (excluding the part concerning life of each victim) in the list of crimes: Imprisonment of eight months, No. 1 through six days in the list of crimes, No. 7 in the list of crimes, No. 187, No. 18 through 33 (excluding the part concerning victim LIG non-life insurance in this year, No. 19, No. 37 in the list of crimes, No. 57 in the list of offenses, No. 57 days, No. 257 in the list of victims).

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