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All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
A misunderstanding of facts or misunderstanding of legal principles by Defendant A did not take part in an insurance fraud crime related to a traffic accident that occurred in the front of the Pakistan-dong, Seodong-gu, Jung-gu, Chungcheongnam-gu (hereinafter “instant accident”) on November 23, 2009, which was led by T and U.
The sentence of unfair sentencing (one year, four months, and six months) by the court below is too unreasonable.
Defendant
B (T) The sentence of the original court (one year of imprisonment) is too unreasonable.
Judgment
Defendant
The following circumstances acknowledged by the lower court’s determination of misunderstanding of facts or misapprehension of legal principles as to the argument of A, i.e., the investigation agency: (i) while drinking alcohol in the vicinity of the Cheongdong-gu Seoul Metropolitan Government with W on Nov. 23, 2009; (ii) Defendant A lent Loneex vehicle with V to the Loneex vehicle; and (iii) Defendant A was on the Loneex vehicle driven by V with W; and (iv) Defendant B was on the front of the Heungdong-gu Youngdong-gu Seoul Metropolitan Government Shopping Center, U was informed of the fact that “I was involved in the insurance fraud and caused the intention to receive Loneex vehicle by driving the central line on the front of the 20th day of the 20th day of the 20th day of the 796 Incident; and (iv) Defendant A was sufficiently aware of the 9th day of the 9th day of the 20th day of the 20th day of the insurance fraud incident.”
“The Defendant A alleged to the effect, but the Defendant A alleged to the effect on 209.