보험사기방지특별법위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
Defendant
B.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) rendered by the court below is too unreasonable.
2. Determination
A. Each of the crimes of this case with respect to Defendant A’s assertion of unfair sentencing is a criminal attempt to acquire or defraud insurance money exceeding KRW 100 million due to an intentional traffic accident over 17 times, and the crime is not poor in light of the criminal law and the degree of damage, etc.
Insurance fraud crime is likely to undermine the purpose of the insurance system, such as reasonable diversification of risks, and it is necessary to be punished for severe punishment due to the degree of social harm and harm caused by the sacrifice of many good subscribers.
The Defendant continues to commit the instant insurance fraud even while being investigated as an insurance fraud crime under the same law as the instant case and being tried at the Seo-gu District Court Branch Branch (2019 High Court Order 328).
However, the defendant recognizes his mistake and reflects his fault.
The defendant agreed with all victims by paying the amount of damage to the victim I corporation and CU corporation.
At the time of the instant case, the Defendant did not have any other criminal records, as well as the one-time fine due to the instant crime, and there is no other criminal records, and the judgment of the lower court simultaneously with the offense of violation of the Special Act on Insurance
In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, health condition, motive and background of the crime, means and method of the crime, and circumstances after the crime, the punishment sentenced by the court below is deemed unreasonable.
B. Defendant B’s decision on the assertion of unfair sentencing is based on the recognition of Defendant B’s fault and reflects his fault.
The defendant paid the amount of damage to the victim AD Co., Ltd. in the first instance, thereby returning the amount equivalent to the amount of the defrauded's money to some victims.
(b)in the same manner as the accused;