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(영문) 수원지방법원 2017.07.26 2017노1448

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unreasonable that the court below's each sentence (a fine of one million won is imposed on the Defendants, and a fine of four million won is imposed on the Defendants) declared by the Defendants.

2. The Defendants appeared to have an attitude against the Defendants to resist their mistakes, and there is no history of criminal punishment against the Defendants.

In addition, the damage caused by Defendant A's crime was recovered, and Defendant A agreed that only with the victim insurance company.

However, each of the crimes of this case is not likely to be committed in light of the background, content and result of the crime, social harm of the insurance company, etc. by deceiving the victim insurance company as if the defendant had received correction treatment while being aware that the medical expenses for the cosmetic purposes such as the booming procedure or the skin management, etc. were not subject to the loss insurance.

Defendant

The damage caused by the crime in B was not recovered.

Considering the aforementioned circumstances disadvantageous to or favorable to the Defendants, the circumstances after the commission of each of the instant crimes, the Defendants’ age, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of the instant case, each of the above arguments by the Defendants cannot be deemed unfair because the lower court’s punishment against the Defendants is too large. Therefore, each of the above arguments by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.