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(영문) 인천지방법원 2016.05.03 2015노3370

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects on the crime, the fact that the defendant returned the total amount of the fraud and only agreed with the victim, and that the defendant has no record of being sentenced to punishment exceeding the same criminal record or fine.

However, the crime of this case is that the defendant, together with his accomplice, intentionally induced a vehicle accident and acquired insurance money from an insurance company. Such crime causes moral hazard in society and may threaten a good majority of general insurance policyholders to the foundation of the insurance system. In full view of the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and other circumstances that are the condition of sentencing, such as the circumstances after the crime, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.