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(영문) 대구지방법원 2013.04.05 2013노180

사기

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (six months of imprisonment) is excessively unreasonable.

B. Defendant B’s imprisonment (eight months of imprisonment) is excessively unreasonable.

C. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant A and prosecutor, Defendant A did not have the same criminal record for the crime of this case, and they were against the confession of the crime of this case, the present building and fire prevention crime of this case can be tried together with the relation of the latter concurrent crimes of Article 37 of the Criminal Act at the time of original adjudication, and the crime of this case was not significant profit gained by Defendant A as a result of the crime of this case, Defendant A was compensated for and agreed on the amount acquired by Defendant A to the victim teachingaxa damage insurance company, LIG damage insurance company, and the crime of this case as favorable sentencing factors in favor of Defendant A. The crime of this case was committed systematically under the plan to receive insurance money from the insurance company, and Defendant A committed the crime in such a way that Defendant A received insurance money by placing a person who is not the victim or received insurance money directly by intention, and it was committed by taking into account the fact that there is a great possibility of criticism by leading the crime of this case, and it is not deemed unreasonable or unreasonable to deem that the punishment of the court below is too heavy or unreasonable.

B. As to the grounds of appeal by Defendant B, Defendant B did not have the same criminal record, and is against the confession of the instant crime, and the instant crime could have been tried together with the instant crime in relation to the instant concurrent crimes under the latter part of Article 37 of the Criminal Act. The benefits obtained by Defendant B from the instant crime are not significant, and the economic situation of Defendant B is difficult.