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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The prosecutor appealed the part not guilty among the judgment below for the following reasons.
Defendant
A In light of the fact that, immediately after the accident occurred, Defendant B had an employee of the Dong Fire Insurance Co., Ltd. (hereinafter “victim Co., Ltd”) stated that Defendant B was on the F’s vehicle (if the F’s intent to conceal the F’s driving of drinking, it is sufficient to refer to a police officer). Defendant A, as a taxi driver, could have sufficiently known that, if the insurance report was made as above, damage (the insurance money paid to the Defendant B, the self-charges and the premium that the insurance company can receive from the insured, etc. if the accident of drinking driving was properly reported) occurred, may be recognized that Defendant A had an intention to defraud.
Considering that Defendant B first mentioned that Defendant B was an employee of the insurance company on the day of the accident that he was boarding the F’s vehicle, and that Defendant A also talked as above, and that Defendant B agreed to compensate Defendant A for KRW 3.2 million, Defendant B may also be acknowledged that there was a public offering of deceptiveation in order or secret.
Nevertheless, the court below erred by misapprehending the facts that the court below acquitted Defendant A of the part concerning the charge of this case, among the charges of this case, and acquitted Defendant B of the part concerning the charge of this case, and thereby affecting the conclusion of the judgment.
2. Determination:
A. The summary of the facts charged in the instant case (as indicated in the written application for changes in indictment on December 7, 2012) is Defendant B and Defendant A and E are taxi drivers.
On December 3, 2011, at around 02:00, the GF driver's G driver's G driver's negligence due to the failure of the F driver's driver's negligence on the part of the driver's or on the part of the driver's prior to the driver's operation of the H driver's H driver's, and the shock.