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(영문) 서울중앙지방법원 2017.07.20 2016노4759
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants intentionally caused a traffic accident and acquired insurance money by deceit.

B. The sentence of the lower court’s improper sentencing (Defendant A: fine of KRW 500,00,000, and fine of KRW 1,000:0,000) is too uneased and unreasonable.

2. Determination

A. The lower court determined as to the assertion of mistake of fact, based on the evidence submitted by the prosecutor alone, by the Defendants conspired to cause a traffic accident and acquired insurance proceeds by fraud

On the ground that it is difficult to conclude this case’s charges, the lower court acquitted the Defendant on the part of acquiring insurance money of KRW 11,117,400.

Examining the evidence of this case, the above judgment of the court below is legitimate, and the prosecutor's allegation of mistake is without merit.

B. Although the nature of the crime of this case’s crime is not somewhat weak to determine the illegality of sentencing, in full view of the following: (a) the Defendants reflects the mistake; (b) the amount obtained by deception is not much much; (c) Defendant B deposited the amount of damage; (d) the Defendants did not have any criminal record exceeding the same criminal record or fine; and (e) the Defendants’ age, sexual conduct, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition (The appeal by the prosecutor of the conclusion is dismissed on the ground that it is obvious that the "1,967,400 won" in the 14th page of the judgment below is a clerical error, and it is corrected to "1,117,400 won".

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