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(영문) 서울중앙지방법원 2013.12.12 2013노3498

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both penalties of one million won) imposed by the lower court on the Defendants is too unreasonable.

2. Although there are extenuating circumstances such as the Defendants’ economic difficulties in determining the grounds for appeal, and the Defendants appear not to have led the instant case, the instant insurance fraud crime, such as the instant case, has abused the vulnerability of the motor vehicle insurance system necessary in the modern society, and the damage therefrom is ultimately a serious and minor crime, such as the transfer to multiple and unspecified motor vehicle insurance subscribers, and the lower court already determined a punishment by reducing a summary order of a fine of KRW 2 million in consideration of the above favorable circumstances of the Defendants, and the lower court did not have any special circumstances or changes in circumstances that may be considered newly after the pronouncement of the lower judgment, and taking into account all other circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence after the crime, the circumstances after the crime, etc., the lower court’s punishment should be reversed even if considering all the circumstances alleged as the grounds for appeal, and thus, the Defendants’ assertion is not acceptable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.