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(영문) 전주지방법원 2015.09.21 2015노603
사기
Text

The judgment below

The part against Defendant A, C, and D among them shall be reversed.

Defendant

A shall be sentenced to two years of imprisonment, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s assertion of mistake of facts reveals that the part of the insurance fraud crime committed by Defendant C intended insurance in the name of AW, DJ and DK, but there was no fact that Defendant C was involved or participated in the crime No. 2(c) No. 1 through No. 7 of the crime list (7) and the joint criminal conduct with DJ and DK during the joint criminal conduct with DW as indicated in the judgment of the court below. 2) The part of the crime of attack (2014DaDa1349 case) committed with DX (2014DaDa1349 case) was committed with DX as if the investigation agency reported the insurance fraud committed by the members of DX to DX, and thus, Defendant C did not commit a crime of KRW 20 million from DX.

B. The lower court’s decision on the grounds of unfair sentencing by the Defendants is too unreasonable as follows.

- Defendant A: Imprisonment with prison labor for three years - 22 through 26 [excluding ① in the order of 24] listed in the table of crime (5) in [Attachment 2] in [Attachment 2] in [Attachment 2], 18] listed in the table of crime (6) listed in Annex 2 B in [Attachment 24], 3, 4, 20 and 3 B. 4. 5 in [Attachment 4] listed in the table of crime (9) listed in Annex 4-B (17) and 5 in [Attachment 17] in [Attachment 17] in [Attachment 4], 4-B (5] 4. 2] among [Attachment 19] in [Attachment 2] in [Attachment 2] in [Attachment 2] in [Attachment 2] in [Attachment 2], 3] in [Attachment 2] in [Attachment 2], 200 to 3], 20 days of imprisonment with prison labor for the remaining crimes

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