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(영문) 전주지방법원 2013.09.13 2013노675

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the overall sentencing conditions of the grounds for appeal, each sentence of the court below (for defendant A, two years of imprisonment, and for defendant E, ten months of imprisonment) is too unreasonable.

2. The defendants recognized all the crimes of this case and divided them in depth. The defendants agreed with most damaged insurance companies in the court below, the defendants did not have any record of punishment for the same crime, the defendants Eul did not have any record of punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the most favorable circumstances such as the defendants A must support their family members.

However, the crime of this case is committed by Defendant A, an insurance solicitor, in collusion with Defendant E and his accomplices by intentionally causing a traffic accident on several occasions over several years in collusion with expert knowledge, and the nature and circumstances of the crime are very inappropriate, and the amount of fraud by the Defendants is a large amount exceeding 100 million won, the Defendants led the crime of this case; the crime of this case, such as the crime of this case, is a major crime causing unnecessary social costs as not only an insurance company but also a good insurance company, and the crime of insurance fraud, such as the crime of this case, is causing damage to the other insured; the Defendants did not agree with some victims; the Defendants did not agree with some victims; and other factors of sentencing under Article 51 of the Criminal Act, such as the age, character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be too unreasonable. Therefore, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.