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(영문) 수원지방법원 2017.08.31 2017노4073

사기

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. In light of the purport of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) and the fact that there is no record of criminal punishment, and deposit of KRW 30 million to the victims, etc., the sentence of the court below that sentenced the ten-month imprisonment is too unreasonable.

2. The judgment recognizes the defendant's mistake and reflects the fact that there is no history of criminal punishment, that H appears to have led or proposed the crime of this case, that H deposited KRW 30 million to the victims of joint crimes with H, that the defendant deposited KRW 14.7 million for the victim Samsung Fire Insurance Co., Ltd., Eastern Fire Insurance Co., Ltd., and AIG non-life insurance Co., Ltd., and expressed his/her intent that the victim's non-life insurance would not want the defendant's punishment for being compensated for damage, and that the defendant's age, sex, sex, environment, degree of damage, motive and circumstance of the crime, etc., as a whole, all of the sentencing factors in the records and arguments of this case, such as the defendant's age, sex, degree of damage, crime, circumstance after the crime, etc., are considered unfair, and therefore, the above assertion has merit.

However, in light of the fact that the crime of this case is not likely to be a crime due to insurance fraud, and the fraud of insurance is likely to undermine the foundation of the insurance system and transfer the burden to other insurance subscribers, etc., and thus requires strict punishment, it is inevitable to sentence the defendant to the punishment.

3. As the appeal by the defendant is well-grounded, the part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the defendant's criminal facts and the summary of evidence is the same as that of the judgment of the court below, and thus, it is in accordance with Article 369 of the Criminal Procedure Act.