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(영문) 수원지방법원 2016.01.19 2015노6118

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the following: (a) the summary of the Defendants’ grounds for appeal (unfair sentencing) reflects the Defendants’ mistake; (b) the degree of participation in the commission of the crime is minor; (c) Defendant A and B did not have any profit acquired in the instant case; and (d) Defendant C was in an economically difficult situation, each sentence of the lower court that sentenced Defendant A and B to KRW 5 million is too unreasonable.

2. The judgment of this case is based on the following facts: (a) the Defendants conspired to multiple times to receive hospitalized treatment, and received insurance proceeds from the victimized insurance companies; (b) the period of crime is long and time; (c) the crime is organized and planned; (d) the insurance fraud crime causes moral hazard to the general public and causes damage to the good general insurance subscribers; and (e) the harm and injury requires severe punishment; (b) the Defendant A is in violation of the Punishment of Violences, etc. Act on January 11, 200; (c) the Defendant C was sentenced to imprisonment with prison labor for not less than eight months on several occasions; (d) the Defendant C was sentenced to suspended sentence for six months on November 21, 2006 on several occasions; (e) the Defendants were subject to criminal punishment on several occasions, including imprisonment with prison labor for not more than two years; and (e) the motive and circumstances leading up to the crime committed by each of the instant High Court for which the Defendant B was subject to criminal punishment on September 20, 2012.