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(영문) 서울남부지방법원 2013.09.05 2013노987

사기

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (two million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are many circumstances that can be considered for the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, that the victim agreed with the victim as well as the victim's preemptive action against the defendant, that the degree of participation in the crime of this case is uneasible as well as the amount of profit acquired therefrom, that there is no power to commit the same kind of crime, and that there is no power to commit the crime for the last ten years.

However, insurance is a system that has been created in order for many people in the same danger to prepare for an accident, and the insurer's liability to pay insurance proceeds depends on an accident. Therefore, the policy holder's morality is a prerequisite to maintain the insurance system and ensure its effectiveness. Even though the defendant was aware of a traffic accident, it seems that the defendant has reached a extreme moral hazard, such as receiving insurance proceeds from the victim insurance company under the name of agreement and treatment expenses, and taking it out under the name of agreement and treatment expenses. In addition, the defendant is a number of general policyholders who are faithfully paying a specified amount of insurance proceeds in order to prepare for future risks in which the victims of such fraud committed insurance proceeds are not known. The court below has determined a certain amount of insurance proceeds in consideration of various circumstances favorable to the defendant, and there is no change in circumstances or circumstances that can be considered in the new sentencing after the decision of the court below, and there is no other change in circumstances or circumstances to the defendant's age, character and conduct, motive, means and result of the crime in this case, and various circumstances revealed in the record.