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(영문) 전주지방법원 2015.09.11 2015노637

사기

Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C 6 months of imprisonment and Defendant D shall be sentenced to four months of imprisonment.

Reasons

1. The summary of the grounds for appeal (for defendant A: 10 months of imprisonment; 4 million won of fine; 6 months of imprisonment with prison labor; 4 months of imprisonment with prison labor; 4 months of imprisonment with prison labor) declared by the court below is too unreasonable.

2. Determination

A. As to the Defendant A’s assertion of unfair sentencing, Defendant A’s confessions the instant crime and reflects the wrongness, Defendant A deposited KRW 15 million in the original trial for the victim insurance companies, and KRW 3 million in the trial at the party instance respectively, and Defendant A did not have any record of criminal punishment for the same kind of crime, etc. are considered favorable to Defendant A.

However, the crime of this case is committed by Defendant A, along with G, Defendant C, B, and D, by intentionally carrying a traffic accident and by receiving insurance proceeds under the name of the repair cost, etc. against the insurance company for four times, and the nature of the crime is very poor. The crime is still not recovered from considerable parts of the crime, and considering all the sentencing conditions in the argument of this case, such as the age, character and conduct of Defendant A, and family environment, the sentence of the court below is too unreasonable.

Therefore, Defendant A’s assertion cannot be accepted.

B. As to Defendant B’s assertion of unfair sentencing, Defendant B’s confessions of the instant crime and reflects the mistake, Defendant B appears to have not much the amount of profit earned from the instant crime, and Defendant B did not have any record of criminal punishment for the same kind of crime, etc. are considered favorable to Defendant B.

However, the crime of this case was committed by Defendant B with Defendant A, C, and D by intentionally carrying out a traffic accident and receiving insurance proceeds from an insurance company under the name of the repair cost, etc., by acquiring insurance proceeds equivalent to KRW 23 million from the victim insurance company.