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(영문) 수원지방법원 2015.07.15 2014노7582
사기
Text

The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim of mistake of facts voluntarily recognized his mistake and paid the automobile repair cost, and the defendant did not deceiving the victim.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant could sufficiently recognize the fact that the traffic accident occurred due to the victim's one-way traffic signal violation while hiding the fact of the traffic accident caused by the victim's traffic accident as stated in the judgment of the court below, even though the traffic accident occurred due to the victim's traffic signal violation as stated in the judgment of the court below. Thus, the above assertion by the defendant is without merit

B. As to the assertion of unfair sentencing, the defendant has no record of criminal punishment above the same crime and suspension of qualification.

However, the crime of this case is not likely to be a crime because the defendant, using the status and experience of insurance company employees, has dealt with traffic accidents in a way favorable to himself/herself and acquired money from the victim.

In addition, it is not possible to recover from damage to the trial of the court, and there is no evidence to prove that the defendant has made his own effort to recover damage by making the victim with a serious apology and by making his best effort to recover damage.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. The applicant for the determination of the application for a remedy order shall be subject to this.

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