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(영문) 광주지방법원 2018.12.11 2018노1951

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (i) the lower court’s punishment (ii) for eight months of imprisonment, two years of suspended sentence, and (ii) for one year of imprisonment, one year of suspended sentence, and two years of suspended sentence) is too unreasonable.

2. The judgment of the Defendants recognized the instant crime, the primary crime, the agreement with the damaged insurance companies, and the instant crime is deemed to have considerable responsibility for the insurance companies and the medical institutions that intended to pursue profits through the attraction of the subscribers, while neglecting the examination prior to the conclusion of the insurance contract or the examination prior to the payment of the insurance proceeds.

The fact that the position appears is the favorable situation.

However, the fact that the insurance fraud obtained unjust profits by abusing insurance contracts harms the purpose of the insurance system, such as reasonable diversification of risks, and the damage to many good insurance subscribers is caused thereby, and the foundation of the insurance system has been shakend, etc. It has a great negative effect on society. The defendants repeated fraud against many insurance companies over a considerable period of time, and the amount of the insurance proceeds obtained by deceit is a big disadvantage.

There is no special relationship or change of circumstances that can be newly considered in the trial of the party, and in full view of the records and arguments of this case, including the age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.

The Defendants’ assertion is not accepted.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.