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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The defendant is a person who operates the sales and repair business of Obane with the trade name of "C".
B. On August 31, 2017, the Defendant was sentenced to a fine of KRW 3 million for the following facts constituting an offense, in Busan District Court Decision 2016Da1225, which became final and conclusive on September 8, 2017.
B is a person who operates a rental business in the name of the repair company and the “stock company E”, and the Defendant (Defendant) is a person who operates the sales and repair business in the name of the “C”.
Defendant
And B, while operating 2 sites of “D” and “C” together, intended to acquire insurance proceeds from the insurance company in the name of repair cost in a way that is included in the repair estimate of the parts that have no intent to repair or exchange when repairing the ozones entered into the traffic accident.
Defendant
Around October 23, 2013, “D” places of business located in the Busan Sian-gu, Busan Metropolitan City (hereinafter “D”) received KRW 6,312,000 in total five times as shown in the attached Table of Crimes (1) from victims, including: (a) G prepared a repair estimate as if it was necessary to repair various parts of the above Oran-do, even though G did not intend to repair it in accordance with the repair estimate; and (b) claimed repair costs from the victim; and (c) it received KRW 6,425,00 from the victim; and (d) received KRW 3,575,00 in total from the victims, as indicated in the attached Table of Crimes (1).
Accordingly, the defendant, in collusion with B, deceiving victims and deceiving them total of 6,312,00 won from victims.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1 and 2, the purport of the whole pleadings
2. Determination
A. The same shall not be binding on the finding of facts in a criminal trial in a judgment on the cause of the claim, even if it is not a case.