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(영문) 인천지방법원 2014.10.10 2014노2663
사기
Text

The judgment below

Of those, the guilty part against Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for three years, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In the event of an accident listed in No. 1 No. 5 of the annexed Table 1 of the judgment of the court below on the misunderstanding of facts, the person operating a motor vehicle is not Defendant A but BW, and in the accident listed in No. 13 of the same crime inundation No. 13, the K motor vehicle listed as the other party's motor vehicle is not an accident of Defendant A, and the person who is not aware of BX, BY, and BZ listed in the same crime inundation No. 34, the accident described in the same crime inundation No. 34, which the other party's motor vehicle was faced with the defendant's motor vehicle on which the other party's motor vehicle was parked, and there is no fact that the defendant intentionally caused the accident like

B. Defendant C’s imprisonment (six months of imprisonment) is too unreasonable.

C. A prosecutor 1) In the event that a mistake of facts Defendant A did not intentionally cause an accident listed in No. 6,26,31 listed in the annexed Table 1 of the judgment of the court below, and Defendant A and B did not intentionally cause an accident listed in No. 2 of the crime list 2 of the crime list, the crime of fraud is established in relation to each of the above charges, since Defendant A and B obtained money by deceiving the insurance company that was the victim, even though they did not have caused any particular injury due to the above accident, each of the above charges was committed. 2) The court below's punishment against Defendant A and B of the unfair sentencing sentencing (Defendant A: imprisonment of three years and six months, Defendant B: imprisonment of one year and two years, suspension of execution, and social service hours) is too uneased and unfair.

2. Judgment on the assertion of mistake of facts

A. As to Defendant A’s assertion, the lower court found Defendant A guilty of this part of the facts charged by comprehensively taking account of the evidence as indicated in the judgment below, and found Defendant A guilty of this part of the facts charged. 2) In regard to the accident listed in Nos. 1 and 5 of the annexed Table 1, the document pertaining to the accident on February 19, 201 (Evidence Nos. 102 of the evidence list), Defendant A is the person who was driving a car between CA Les at the time of the above accident, and BW is recognized, since it is recognized that he was driving a car between the above Les.

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