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(영문) 창원지방법원 2014.05.28 2014노161

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed unreasonable.

2. The so-called insurance fraud crime requires strict punishment due to severe social harm, such as the transfer of economic damage to a large number of general consumers. In this case, the defendant's hospitalization days reach approximately 120 days and the sum of the amount obtained by deception by hospitalization expenses and prescription preparation expenses for the above hospitalization period exceeds KRW 60 million, and thus, the crime is not good, and the defendant agreed with the insurance company that is the victim.

Although there are unfavorable circumstances, such as the failure to recover damage from the crime of this case or the fact that the defendant has committed the crime of this case, the defendant recognized all of the crime of this case and reflects it, the defendant has no criminal record of being sentenced to suspension of qualification or a heavier punishment, the defendant is a general beneficiary prescribed by the National Basic Living Security Act, and the defendant is a general beneficiary of this case to seek medical expenses and living expenses in a situation where the state of health is not very good due to disease such as liver cancer, and there are grounds for considering the circumstance leading to the crime. In light of all the sentencing conditions specified in the records and arguments of this case such as the defendant's age, character and behavior, occupation and environment, and circumstances after the crime, it is difficult to deem that the sentence of the court below is too unreasonable

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.