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The judgment below
The part of the defendant C, D, and E shall be reversed.
1. Defendant C shall be punished by imprisonment with prison labor for eight months.
2.
Reasons
1. Summary of grounds for appeal;
A. In full view of all the circumstances, including the evidence submitted by the prosecutor (as to the acquittal portion of Defendant C and D in the judgment of the lower court), including the statements of the prosecutor, A and B, and the fact that Defendant C lent an AD vehicle used for insurance fraud to Defendant C, Defendant C is the maximum beneficiary of the instant fraud crime, Defendant D shared the role at the site, and Defendant C received money from Defendant C, although it can sufficiently be recognized that Defendant C and D committed fraud in collusion with Defendant C and C committed the crime under the same circumstance as stated in paragraph (2) of the instant facts charged, the lower court acquitted the Defendant of this part of the facts charged, contrary to what is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Defendant E’s penalty of KRW 2 million imposed on the above Defendant E is excessively unreasonable.
(A) The defendant explicitly withdraws his assertion of mistake of facts on the second trial date of the trial of the trial. (2)
A. Around December 2012, Defendant C proposed that “A, B, and Defendant D will receive compensation at the time of an accident because the external vehicle is slided and the insurance amount is high,” and that “A, B, and Defendant D will take 3,000,000 won when a traffic accident occurs due to the vehicle in which the external vehicle is reduced,” and Defendant D received the said proposal together with A and B.
On the other hand, at around 21:50 on January 25, 2013, A received the accident that “A, as a result of the vehicle inspection station located in the Sungdong-dong, Mangsan-si, Mangsan-si, called the victim’s meriz fire and marine insurance company’s name-free employee”, “A, while driving a Niuri-si car and driving a Niuri-si car, Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da d Da d d d d h h h h k
However, the facts are as follows: Defendant D is from Defendant C.