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(영문) 의정부지방법원 2015.01.21 2014노1100
사기
Text

All appeals filed by the prosecutor against the Defendants and the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In light of the following facts: (a) the Defendants committed fraud in the annexed list of crimes of mistake of facts; (b) all the Defendants were co-offenders in the car industry operated as a partnership with G; (c) the method of the commission of the crimes is the same; (d) the Defendants distributed G and the insurance money acquired by the Defendants; (b) G, an accomplice, stated in the investigative agency that all the Defendants committed the instant fraud crimes together with the Defendants; (c) the crime committed on November 23, 2007, which was led to the Defendant A’s confession, and the crime committed on December 1, 2007, which was denied by the said Defendant; (d) the driver BA who participated in the crime denied by the Defendant A was a director of the private guard company invested by the said Defendant; and (e) the Defendants B could have been aware of the actual occurrence of the accident as an automobile repair technician; and (e) there were reasonable grounds to view that the Defendants conspired as well as the rest of the charges that the Defendants denied by each of the charges in this case.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, Defendant A, B, and G of this part of the facts charged, the summary of the prosecutor’s allegation of mistake was expressed by Defendant A, B, and G along with the customer who requested the repair of the vehicle to report a false traffic accident to receive insurance money.

Defendant

A, B, and G shall be the same mother as the land C, B, AY, and AZ, and BA shall be the front of the BC located in Seongdong-gu BB, Seoul, according to the victim's merz fire around December 1, 2007, around December 1, 2007.

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