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(영문) 창원지방법원 2015.02.04 2014노2633

사기미수등

Text

The judgment of the court below is reversed.

Defendants shall be punished by one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (one year and six months of imprisonment) is too unreasonable.

B. The above punishment sentenced by the prosecutor by the court below to the defendants is too unfortunate and unfair.

2. The crime of this case in collusion with F, E, etc., Defendant B arbitrarily sold the leased machinery in collusion with Defendant B, and embezzled it while entering into a mechanical lease contract with the leased company, and received insurance money from the insurance company by filing a false report on theft, but attempted to receive insurance money. The crime of this case 2014 large-scale 2400 was committed by Defendant A submitted a written complaint to the effect that Defendant A stolen it, despite the fact that Defendant A stolen five parts, etc. of CNC Line CNC Line, which was leased from the filial Capital, from the filial Capital, and submitted it to E for the purpose of having the criminal punishment, and the nature of the crime was not good. The crime of this case was committed in a systematic and planned manner, and the amount of damage was a considerable amount, etc., that is disadvantageous to the Defendants.

However, the defendants recognized the crime of this case and violate the wrongness, insurance fraud crime is committed against the attempted crime, the defendant Gap agreed with the victim Samsung Card in the trial, the defendant Eul wanted to have a preference against the defendant Eul, the defendant Eul deposited KRW 10 million in the trial to escape the victim's efficacy, the defendant Eul deposited the defendant's sentencing guidelines in the trial, the application of the sentencing guidelines of the Sentencing Commission of the Supreme Court [the scope of recommendations for embezzlement: from 1.6 years to 5 billion: imprisonment: 3 years from 1.6 months to 3 years, in the case where punishment was not imposed or significant damage was restored (the grounds for mitigation)] and other circumstances, including balance with the accomplices, the defendants' age, character and behavior, environment, circumstances, means and result of the crime, and the circumstances after the crime, etc., are considered, and the sentence imposed by the court below is somewhat inappropriate.