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(영문) 인천지방법원 2014.12.12 2014노3391

사기등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of social service) against the Defendants is unreasonable.

2. There are circumstances unfavorable to the Defendants, such as: (a) the Defendants conspired to make a judgment by deceiving victims who are an insurance company by exercising a forged medical certificate and a written claim for expenses; and (b) the Defendants failed to reach an agreement with the victims.

However, in full view of the following circumstances: Defendant B paid 2 million won to Defendant B, in full, the amount of damage to Defendant A’s Libera Co., Ltd.; Defendant A paid 4.1 million won to the Korea Commercial Damage Insurance Co., Ltd.; Defendant C paid 4.1 million won to Defendant A; Defendant C was a primary offender; Defendant B did not have criminal records exceeding the same kind and fine; Defendant A did not have criminal records; Defendants A did not have the same kind of criminal records; Defendants’ mistake; Defendants’ reflects the mistake; and the Defendants would not repeat this mistake in the future; and other circumstances that are favorable to the Defendants, such as the context, motive, means and consequence of the instant crime; the circumstances before and after the instant crime; the Defendants’ age, character and conduct; and family relationship, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is excessively uneasible.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.