사기
The judgment below
The part concerning the Defendants is reversed.
Defendant
A shall be punished by imprisonment for eight months and by imprisonment for defendant B.
1. The summary of the reasoning of the appeal by the Defendants is unreasonable because the punishment of the lower court (the imprisonment of August, the imprisonment of 10 months, and the imprisonment of October and the defendant K) is too unreasonable.
2. Determination:
A. According to the records of ex officio determination (Defendant K’s part), it is recognized that Defendant K was sentenced on November 26, 2008 to imprisonment with labor for a violation of the Game Industry Act on February 11, 2009 at the Seoul Southern District Court and the judgment became final and conclusive on February 11, 2009.
Therefore, in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of Article 9 of the Criminal Act, the sentence should be determined after examining whether to reduce or exempt the sentence in consideration of equity with the case where the crime of Article 9 of the Criminal Act and the above crimes of Article 39 (1) of the Criminal Act become final and conclusive.
Nevertheless, since the lower court did not take such measures, the part on Defendant K among the lower judgment was no longer maintained.
B. The judgment on the grounds of appeal of this case (defendant A and B) is not a good crime in that each of the crimes of this case committed by the Defendants is committed by deceiving the insurance money by pretending that the insured incident occurred frequently, and the final damage resulting from such insurance fraud is to be borne by a good general policyholder.
However, the Defendants did not gain much profits from each of the instant crimes, and performed approximately 5 million won in total to the victims during the trial of the lower court, and the Defendants and other accomplices agreed to have agreed smoothly with the victims by paying the total amount of damages to the Defendants during the trial of the lower court. The Defendant committed the instant crime, which is in profoundly against the victims while living in custody for about 3 months, and taking account of various sentencing conditions as indicated in the instant pleadings, such as the method, background, circumstances after the instant crime, the age and character and conduct of the Defendants, etc., the punishment of the lower court is too unreasonable.