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(영문) 춘천지방법원 2016.01.20 2014노1019

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in collusion with B, did not cause an accident intentionally.

B. The sentence of the lower court’s unfair sentencing (2 million won) is too unreasonable.

2. Determination

A. The court below duly adopted and investigated the evidence, in particular, written statements made by the police officers in D and G, and the defendant led to the confession in the court of the court below in all the facts charged of this case. In light of the fact that the confession was made in the presence of a judge who has secured objectivity and fairness in accordance with Acts and subordinate statutes, there are no special circumstances to suspect the credibility thereof (the defendant's last statement in the court of the court below stated that "it is a crime that is far from the insurance money to the lower age"), it can be sufficiently recognized that the defendant acquired the insurance money by fraud in collusion with B.

This part of the defendant's assertion is without merit.

B. The insurance fraud crime, such as this case’s judgment on the unfair argument of sentencing, is subject to economic damage to many general insurance subscribers, and the nature of the crime is serious as an act detrimental to the foundation of the insurance system, and taking into account the motive and background leading up to the instant crime, the circumstances after the Defendant committed the instant crime, and other various sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, and environment, it cannot be deemed unfair because the sentence imposed by the court below against the Defendant is too unreasonable. Thus, the above assertion by the Defendant is without merit.

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