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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for eight months.
However, this decision is delivered to the Defendants.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding (the Defendants) did not intentionally cause the instant accident, and there was no conspiracy by the Defendants to receive insurance money from the insurance company by intentionally causing the instant accident, and there was no money obtained by the Defendants by fraud, and there was no purpose to obtain the said insurance money from the M&A, AB, W B, and ZU to obtain the said insurance money from the insurance company, and to obtain it illegally.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
B. The sentence that the court below sentenced the Defendants (Defendant A: 2 years of suspended execution in August, community service work 240 hours, Defendant B: suspended execution in August, and community service work 160 hours) is too unreasonable.
2) The above sentence, which the court below decided against the Defendants, is too unhued and unfair.
2. Determination
A. In the trial of the court below, the prosecutor of the judgment ex officio applied for changes in the indictment of this case as stated below (re-written judgment). Since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.
However, the Defendants’ assertion of misunderstanding of facts is still subject to the judgment of this court despite the above reasons for reversal of authority, and the following should be examined.
B. Determination 1 on the Defendants’ assertion of mistake of facts 1) In order to establish a crime of fraud in a case where a criminal of relevant legal principles did not acquire property by deception and let a third party deliver property, if the third party is in a relationship with a implements that he knows with the offender or an agent acting for the benefit of the offender, or otherwise, he/she has the third party related to the intention of unlawful acquisition at least on the basis of the intention of unlawful acquisition.