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(영문) 창원지방법원 2013.04.25 2013노304

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the defendant made a mistake while making a confession of all the facts charged of this case, that the defendant becomes aware of a specialized insurance fraud in the course of being hospitalized in two ways by which the cause of the appeal is unknown, resulting in his solicitation to commit the insurance fraud of this case, that the defendant did not brutly and committed the crime of this case in the situation where his life is threatened because he could not properly work in two ways, that the defendant is in a position to support his wife in the fourth grade of university or college, and that the defendant has no criminal record of the same kind. In light of the above, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. Even if considering the circumstances alleged by the Defendant, the instant crime was committed in consideration of the following circumstances: (a) the Defendant was hospitalized at a hospital to receive insurance proceeds even though the Defendant did not need to receive separate treatment; (b) the case is not less than that against which the Defendant received insurance proceeds totaling KRW 16,479,856 from several insurance companies; (c) the Defendant found several hospitals to find out the instant crime; and (d) actively and systematically consented to the instant crime, such as readily allowing the hospitalization, and leaving out and staying free hospital due to the lack of control over the patients; (b) the instant insurance fraud crime leads to damage to a good insured; (c) there is a high possibility of criticism; (d) the Defendant agreed with the damaged insurance company or recovered damage, other than the Defendant’s deposit of KRW 2,00,000,000, which is part of the damaged amount for the AI life insurance policy; and (d) the Defendant’s records and circumstances leading up to the instant crime, and there is no reason to deem that the Defendant’s punishment was unreasonable.

3.