사기
Defendant
All the appeals filed by the prosecutor are dismissed.
Summary of Grounds for Appeal
(F) The sentence of imprisonment (six months of imprisonment) of the court below is too unreasonable.
The sentence of the court below by the public prosecutor is too unhued and unfair.
Judgment
The crime of this case is deemed to have repeatedly acquired insurance proceeds for a considerable period of time under the name of hospitalization benefits, etc. without undergoing hospital treatment by exaggerationing the symptoms despite the fact that the defendant does not actually need hospital treatment. In light of the method, frequency and scale of the crime, etc., in light of the crime method, number of times and scale, etc., the crime of this case is heavy, and the damage was not recovered even though the amount of fraud was reasonable, and the fact that there
However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant appears to have been punished for the same kind of crime; (c) the Defendant did not have any record of criminal punishment; and (d) there were no criminal records exceeding the fine; (b) all the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission; (d) fraud group, general fraud, type 1 (less than KRW 100,00), special scams; (c) decision scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission; and (e) the Defendant’s decision-making field (basic area); and (e) the scope of the recommended sentence ( June to June) is too heavy or unreasonable.
In conclusion, since the defendant and the prosecutor's appeal are without merit, they are all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.