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(영문) 대구지방법원 2018.08.16 2018노1831

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. The lower court determined that the instant crime was committed at three to seven hospitals only one day after the Defendant subscribed to a large number of insurance policies covering the medical treatment costs of the hospital.

The above punishment was imposed by taking account of the circumstances favorable to the defendant, such as the fact that the defendant received insurance money equivalent to the amount of the damaged insurance company by deception and acquired it from the damaged insurance company, and the crime is very bad, for a long period of time up to two years, and the insurance money acquired by deception exceeds KRW 100 million, the fact that all of the defendants are recognized as committing the crime, some of the pain treatment seems to have been actually necessary, the fact that the defendant does not want the punishment of the defendant, the fact that the defendant does not want the punishment of the defendant, and that the defendant does not have any criminal history other than a fine once.

In addition to the circumstances taken into account by the court below, insurance fraud is a crime that undermines the purpose of the insurance system, i.e., the rational diversification of risks, and causes damage to a large number of good insurance subscribers, and thus, requires strict eradication, etc., under the circumstances unfavorable to the defendant, and the fact that it seems necessary to repeatedly sell insurance and not properly manage it in order to increase profits, etc. that the damaged insurance companies are also liable to some extent for the crime of insurance fraud in favor of the

In addition, in full view of the defendant's age, sex, environment, health, circumstances leading to the crime, means and result, scale of the crime and circumstances after the crime, etc., which can be known through records and pleadings, the sentence sentenced by the court below seems to be reasonable, and the judgment of the court below on the sentencing is the reasonable limit of discretion.