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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
B. In light of the fact that the Defendant, by mistake of facts and misapprehension of legal principles (as to fraud), paid the insurance premium under the name of the insured and concluded a false insurance contract with the intention to receive fees from the insurance company as F, and deceiving the victim company by deceiving the victim company as if C was F, etc., the Defendant may sufficiently recognize the fact that the victim company, by deceiving the victim company, obtained a surety insurance policy from the victim company and by allowing the victim company to pay 100 million won on behalf of the Samsung Life Insurance (State), and the sentence of the judgment of the court of unfair sentencing is unfair. 2) The sentence of the court of unfair sentencing is too unreasonable.
2. The lower court determined the prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine as to the prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine, and determined that the Defendant, at the time of issuing the performance guarantee insurance policy of this case, was not anticipated to terminate the insurance contract he purchased on August 2009, and it is difficult to readily conclude that there was a criminal intent to defraud the Defendant
In light of the records, a thorough examination of the reasons cited by the court below for the judgment of innocence is conducted in light of the records, and if the following circumstances acknowledged by evidence are observed, the court below's decision that acquitted the defendant is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor, and the prosecutor's above assertion is without merit.
(1) After a considerable number of insurance solicitors belonging to the defendant and the fund-raising company enter into a false insurance contract with only one person borrowed from the insured, the defendant and the fund-raising company are below the Samsung Life Insurance Co., Ltd. as security.