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(영문) 부산지방법원 2019.01.11 2018노4090

보험사기방지특별법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too heavy or minor to the lower court’s punishment (one year and four months of imprisonment).

(2) The judgment insurance fraud is a good thing that harms the foundation of the insurance system by causing the sacrifice of a large number of good insurance policyholders contrary to the purpose of the insurance system, which is called a reasonable diversification of risks.

The defendant committed the crime of this case during the period of repeated crime, and the amount of defraudation is also 9,6720,000 won.

However, all of the crimes of this case were led to the confession of the defendant.

Among the accomplices, M and V have compensated for a certain portion of the amount acquired by deceit, and the defendant has also compensated for about 4.78 million won in the trial, and some insurance companies do not want to punish the defendant.

It seems that social ties are relatively clear, such as the family members of the defendant wanted to be the wife of the defendant and expected to be married.

3. As such, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately.” (Dao-written judgment) Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as that of the judgment of the court below. Therefore, it is acceptable

Application of Statutes

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;