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Defendant
All appeals filed by A, B, J, AG, Q, AR, AS, AX, BD, BJ, BP, Q and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles (defendant B, J, AG, AR, AS, AX, BD, BP, and Q) Defendants were hospitalized in the CE Hanwon (hereinafter “Korea Council member”) and received treatment faithfully, and there was no intention to commit fraud of insurance proceeds due to false hospitalization.
B. Improper sentencing (1) The sentence of the lower court against Defendant A, B, J, AG, Q, AS, and AX Defendants (2 years and six months of imprisonment; Defendant B: fine of KRW 1.5 million; Defendant J: 1 year of suspended execution in four months; Defendant AG: fine of KRW 1 million in fine of KRW 3 million; Defendant AS: fine of KRW 1.5 million; Defendant AS: fine of KRW 1.5 million; and Defendant AX’s fine of KRW 7 million) is too unreasonable.
(2) Each sentence of the lower court against Defendant A, D, J, and B (Defendant D: one year of suspended sentence for five months of imprisonment, and one year of suspended sentence for four months of imprisonment) against the Prosecutor’s Defendant A, D, J, and B is deemed unfair.
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles (Defendant B, J, AG, AR, AS, AX, BD, BP, and Q), the lower court also rejected all of the aforementioned arguments in detail, on the grounds of the instant appeal.
Considering the circumstances cited by the lower court in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is reasonable to view that the Defendants, even though they did not actually receive hospitalized treatment at Hanwon, the Defendants pretended to have been hospitalized as if they were falsely as if they were hospitalized during the pertinent period specified in the attached list of crimes committed by the lower judgment and obtained the relevant insurance proceeds from the victim insurance companies.
Therefore, the judgment of the court below is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as pointed out by the defendants.
① A, the president of one of the instant cases, has been hospitalized in the investigative agency and the lower court, as the list is seen, even those who were actually hospitalized.
(1) List;