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The judgment below
The guilty portion shall be reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal 1) The Defendant, who is not a normal lawsuit, only claimed insurance money to the damaged insurance company by receiving a diagnosis from G with respect to a non-permanent action, which is not a normal lawsuit, and did not deceiving the damaged insurance company as stated in this part of the facts charged, thereby deceiving the insurance proceeds.
2) The sentence of the lower court (an amount of KRW 6 million) that is unfair in sentencing is too unreasonable.
2. Determination 1 on the assertion of misunderstanding of facts
On March 22, 2011, the Defendant: (a) made a false contract to sell KRW 100,000 to F, a seller, even though there was no fact that he/she sold KRW 100,000 to F, when shipping normal cattle owned by the Defendant in Pyeongtaek-si; (b) received KRW 50,000 from a veterinarian G with a false diagnosis stating that he/she is an injury, which is the reason for the payment of insurance proceeds; and (c) submitted three copies of the photograph of the cattle sittinged so as to be seen as a non-permanent cattle, to the damaged private person B on March 29, 2011; and (d) received KRW 1,382,080 from the damaged insurance company on April 1, 2011, and acquired KRW 1985,287,07, as shown in the attached Table 1 (hereinafter “the crime list of the lower judgment”).
2) In full view of the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant constituted a crime of fraud, on the grounds that, as stated in this part of the facts charged, the lower court recognized the fact that the Defendant acquired insurance proceeds by means of claiming the insurance proceeds to the damaged insurance company by obtaining a false purchase and sale agreement
3) Comprehensively taking account of the following circumstances acknowledged by the records of the party deliberation, the Defendant is recorded in this part of the facts charged.