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(영문) 인천지방법원 2017.03.09 2016노4316
사기
Text

Of the judgment of the court below of first instance, the guilty part against Defendant A and the part against Defendant A of the judgment of second instance shall be respectively.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the judgment of the court of first instance: Imprisonment with prison labor for one year, and imprisonment for eight months) that the court of second instance rendered by Defendant A (unfair sentencing) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts and legal principles (as to the acquittal portion against the Defendants among the judgment of the court of first instance), the Defendants conspired to receive insurance money against the Land Accident Insurance Co., Ltd. and received it by means of false acceptance of accident as if they were an accident which occurred by chance. This constitutes fraud, but the judgment of the court of first instance which acquitted the Defendants of this part of the facts charged, is erroneous in the misapprehension of the facts and the misapprehension of legal principles.

2) The punishment of the first original judgment against Defendant A, who was unfair in sentencing, is too unfluent and unfair.

2. Determination

A. As to the prosecutor’s assertion of misunderstanding the facts or misapprehension of the legal doctrine (the part of acquittal against the Defendants in the judgment of the first instance judgment), Defendant A’s summary of the factory room is the driver of PW M5 vehicle as a person who operates the automobile maintenance company under the trade name of “G” from YF in Seocheon-gu, Seocheon-gu, Seoul. Defendant B is the driver of PW M5 vehicle, and Defendant B is a person who operates Qsbom haha-gu vehicle while working in the “(jum)” contentcom.

After the accident, the Defendants conspired to receive insurance money by means of receiving estimated repairs while repairing a vehicle from an industrial company operated by Defendant A after the accident.

Defendant

B around October 16, 2014, around 22:19, at the Gangnam-gu Seoul Metropolitan Government Cheongroporo 37-9 street, Defendant A, who was parked in the above QM M5 vehicle, intentionally concealed the right side of the PW M5 vehicle owned by Defendant A, and Defendant B, on the same day, filed a claim for the insurance money by means of receiving a false accident as if the victim ELia was a traffic accident that occurred by calls to the local damage insurance company, and the Defendant A around November 17, 2014.

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