Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
provided that this ruling has become final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant recognized the Defendant’s mistake and used most of the insurance proceeds received by the Defendant for each of the crimes of this case as the repair cost, the Defendant intentionally did not reach each of the crimes of this case, and the agreement with the victims, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
B. In full view of the following facts: (i) unlike other vehicles waiting for a signal signal at the time of mistake of facts, the Defendant’s vehicle: (i) an accident occurred due to sudden breakdown of the vehicle; (ii) the contact log is the bus ender; and (iii) the Defendant’s vehicle received insurance money equivalent to KRW 20 million, such as unrepairing expenses, using external vehicles; and (iv) the Defendant’s vehicle received insurance money equivalent to KRW 2,00,000,000,000, such as unrepair repair expenses,
Nevertheless, the court below erred by misapprehending the facts and acquitted this part of the facts charged.
B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too uneasible and unfair.
2. Determination
A. (i) On April 3, 2011, the summary of the facts charged concerning the fraud by an accident committed by the public prosecutor on April 3, 2011, is that in the case of a high-priced external car, the insurance company would pay the unrepair cost and agree on the payment of the unrepair cost in the event of a traffic accident. In order to have the vehicle involved intentionally paid a traffic accident against the vehicle for career change and signal violation and obtain insurance money under the name of the repair cost of the vehicle.
On April 3, 2011, at around 16:15, the Defendant found that the AM urban bus driven by L was entering the intersection at the intersection near the Silsan Station in Yeongdeungpo-gu Seoul Metropolitan City and stopped in the signal atmosphere while driving the AL sports. The Defendant discovered that L is approaching the intersection at the time when the signal ends.