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대전지방법원 2013.12.19 2013노2224
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a term of one year and two months.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts in the facts stated in the judgment of the court below did not commit each of the crimes listed in No. 3 of the annexed crime list (1) and the crimes listed in No. 4 and 5 of the annexed crime list (2) among the crimes stated in the judgment of the court below. The circumstances leading up to an accurate accident are not known as it took place on the vehicle driven by Defendant B at the time of the accident listed in No. 3 of the annexed crime list (1). Each of the accidents described in No. 4 and 5 of the above crime list (2) are merely an accident attributable to the fault of the other driver of the vehicle, but is not an accident caused intentionally by Defendant A. 2) The sentence of the court below of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. Among the facts stated in the judgment of the court below, each crime listed in the attached Table No. 1 and No. 2 among the crimes committed by Defendant B is a vehicle driven by Defendant A while being accompanied by a traffic accident, and the crime listed in the attached Table No. 3 is merely an accident caused by negligence while driving directly by the Defendant, and is not an accident caused by intention.

Therefore, among the facts charged in the instant case, Defendant B did not have obtained insurance money by intentionally causing a traffic accident in collusion with Defendant A, such as the attached list of crimes (1).

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the following circumstances are acknowledged.

(1) Defendant A had been employed as a used vehicle dealer from around B in 2007 as an employee of the used vehicle sales company. While serving as an insurance solicitor in 2009, approximately 13 traffic accidents occurred from around December 15, 2007 to January 201, Defendant A suffered from or caused 8 accidents. Among them, the same eight accidents as indicated in the facts charged in the instant case arose at the intervals of most of the month from April 3, 201 to January 19, 201.

(2) Defendant B is within the Dong-gu Seoul Metropolitan City AG Motor Vehicle Trade Complex from June 2009.