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(영문) 인천지방법원 2017.01.12 2016노2641

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of six months of imprisonment, a suspended sentence of two years, a surveillance of protection, and a community service order of 80 hours) imposed by the court below is too unreasonable.

2. The judgment of the defendant is contrary to the confession of the crime, and all of the gains acquired by the defendant due to the crime of this case were repaid to the damaged insurance company.

The defendant has been punished twice by a fine due to the crime of this kind, and he has no previous convictions in the same kind.

However, most of the crimes of this case are that the defendant, in collusion with his accomplice, took part in the role of harming vehicles and damaged vehicles by intentionally causing a traffic accident and acquired insurance proceeds from the damaged insurance company. Such insurance fraud crime not only undermines the soundness of the insurance finance, but also requires strict punishment in order to promote moral hazard.

The crime was committed over a long period from May 2010 to July 2014, and the frequency of the crime is not limited to six times, and the total amount of damage is not less than 28 million won.

The court below, taking into account the circumstances favorable to the defendant, has determined the punishment for the defendant, and there is no particular change in circumstances to consider the sentencing after the sentence of the court below

In addition, in full view of the various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

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.