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Defendants are not guilty.
Reasons
1. The summary of the facts charged is as follows: (a) around 07:40 on October 13, 201, the Defendants driven a E-car on the front of Gangnam-gu Seoul Metropolitan Government road; (b) Defendant A, Defendant B, F, and G were on board the said vehicle while driving on the next lane while driving on the said vehicle; and (c) the course was changed.
H Driving caused an accident that may be somewhat contacted with Igland Kamenches.
Although the above accident was insufficient to the extent that the Defendants, D, F, and G did not have any sufficient amount to receive hospital treatment due to this, they had the mind that they would claim insurance money under the name of the insurance company such as medical expenses, etc. with an opportunity to claim for the above traffic accident.
Therefore, the Defendants, in collusion with D, F, and G as seen above, deceiving the victim company by claiming insurance proceeds on the grounds that the said traffic accident occurred to the victim J Co., Ltd., and were paid KRW 5,700,000,000 as compensation for medical expenses, etc. from October 13, 201 to November 17, 201, as described in the list of crimes in the attached Table, from the victim company.
2. The burden of proving the facts charged in a criminal trial for judgment is to be borne by the prosecutor, and the finding of guilt must be based on the evidence with probative value sufficient for the judge to have the truth that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the interest of the defendant (see, e.g., Supreme Court Decision 2017Do2697, May 11, 2017). In light of such legal principles, the public prosecutor, based on the premise that the contact accident between the car driven by D and the passenger car of H driving by D was not intentionally caused by the collusion between the Defendants and D, even if there was no need to receive compensation from the injured party, the act of receiving compensation from the injured party constitutes a deception of fraud.