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(영문) 울산지방법원 2018.06.01 2018노329

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Determination as follows: (a) the amount obtained by defraudation by the instant crime is not so significant; (b) the equity with the case of obtaining a judgment at the same time with the case of injury, etc., for which a judgment with respect to the concurrent crimes by the latter part of Article 37 of the Criminal Act became final and conclusive (as for nine months, imprisonment with labor); and (c) the Defendant commits the instant crime while recognizing it is against the Defendant is favorable to the

On the other hand, the crime of this case was committed by the defendant in collusion with the co-defendant B, who is an insurance subscriber to the traffic accident that the defendant jointly committed by the defendant in collusion with the co-defendant B, by reporting the insurance contract as an accident driver, and thereby deceiving about 7 million won from the insurance company, which eventually leads to the damage at the expense of a large number of good general insurance subscribers, and thereby damaging the foundation of the insurance system. In light of the method of crime and the scale of fraud, etc., the crime is not adequate, and the damage is not recovered, and there are many kinds of records of criminal punishment, and the defendant has been punished for traffic-related crimes. In particular, on October 24, 2013, the defendant committed the crime of this case during the period of repeated crime on January 21, 2015, which is disadvantageous to the defendant, such as the fact that the defendant committed the crime of this case during the period of repeated crime after the execution of the sentence was completed, and it appears that the court below's judgment is reasonable and reasonable and reasonable within the scope of pleading.

Therefore, the defendant's assertion is without merit.

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.