사기
All appeals by the Defendants are dismissed.
1. The lower court rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part rejecting the said application for compensation was immediately determined.
I would like to say.
Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.
2. The decision of the court below against the defendants on the summary of the reasons for appeal (defendant A: 8 months of imprisonment, 2 years of suspended sentence, 4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
3. It is recognized that the Defendants divided their mistakes, agreed with or repaid damages with the victim insurance companies, Defendant B did not have the same criminal record, there are some circumstances to consider the circumstances leading to the instant crime, and the health conditions of the Defendants and their daughters are not good.
However, the crime of this case requires strict punishment in terms of that it harms the foundation of the insurance system by impairing the purpose of the insurance system, encouraging speculative spirit, causing the sacrifice of many subscribers, and causing a sacrifice of many subscribers, and the amount of fraud is not significant, Defendant A has the history of being punished for the same type of fraud, and in addition, taking into account all of the sentencing conditions stated in the argument of this case, such as the defendants' age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, the motive, means and consequence of each of the crimes of this case, etc., the sentence of the court below is too unreasonable.
Therefore, the Defendants’ assertion is without merit.
4. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.