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(영문) 서울중앙지방법원 2018.03.16 2017노4075
사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is that the punishment of the lower court (the penalty amounting to KRW 10 million) is too unreasonable.

The prosecutor's misunderstanding of the fact that the defendants caused an accident by intentionally drilling the vehicle, but it is an accident that occurred as soon as the victim's modern Dasch Rexroth Co., Ltd. deceivings the damaged company to acquire property benefits.

The sentence of the lower court against Defendant A is too uneased and unfair.

Judgment

In full view of the evidence duly adopted and examined by the court below regarding the prosecutor's assertion of mistake, the court below did not submit any evidence to suspect that the accident at the time of the accident at the time of the accident at the time of the accident at issue, or that there was no evidence to prove that the accident at the time of the accident at issue, and ② Defendant B purchased parts prior to the occurrence of the accident at the time of the accident at the time of the occurrence of the accident at issue, and accepted the engine of the Posor. Thus, the defendants intentionally caused the accident at issue in order

It can not be concluded that the contract term of the general insurance is renewed to one year.

On the other hand, there is no difference in the validity of the instant accident, and the Defendants’ statements concerning the circumstances of the insurance coverage are difficult to be seen as an exceptional case that is not acceptable. ④ Defendant B did not receive the insurance money separately from the instant accident, and Defendant B provided the Defendant A with the profit, etc. from the insurance accident.

It is reasonable to conclude that there is no special material to see that there is no reasonable doubt that the Defendants conspired in collusion with the Defendants that they intentionally caused drilling accidents, etc., and therefore, it is reasonable to conclude that the prosecutor’s assertion of misunderstanding of facts is without merit.

Defendant

Defendant A is the original judgment and the prosecutor’s unfair argument of sentencing.

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