Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
However, the defendant.
Reasons
1. Summary of grounds for appeal;
A. In the case of paragraph (8) of the facts constituting the crime of the lower judgment, Defendant A1 was a traffic accident in fact, and the Defendant merely claimed insurance money with knowledge that L was actually on board a vehicle involved in the accident and that L was actually on board a vehicle involved in the accident, and there was no fact that he received the relevant insurance money.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.
2. According to the evidence duly admitted and investigated by the lower court regarding Defendant A’s assertion of mistake, the following facts can be acknowledged in full view of the fact that the Defendant conspired with L to claim insurance proceeds under the name of AM and three other persons who did not board the vehicle and received insurance proceeds from the insurance company. Thus, the Defendant’s assertion of mistake is without merit.
① After the occurrence of the instant traffic accident, L did not board the accident vehicle at the time.
AM has changed the personal information of AM and its family members, and it has received the personal information of AM, N, AO, and AP from AM and has the defendant inform the defendant of it, and have the defendant claim insurance money.
② Although the above four persons known to L are different from those who actually embarked on the accident vehicle, the Defendant claimed insurance proceeds as they are without checking whether they actually embarked on the accident vehicle, considering that they do not have a significant meaning (the Defendant’s prosecutor’s statement). ③ Accordingly, upon deposit of KRW 1.8 million with the account of AM, L was returned from AM.
3. The determination of the illegality of sentencing by Defendant A and the Prosecutor is based on the following facts: (a) the Defendant conspireds with multiple persons to cause a traffic accident by intentionally claiming insurance proceeds in the name of a person other than the victim; and (b) the insurer has provided KRW 130 million in total with the insurance proceeds.