beta
(영문) 대구지방법원 2015.12.18 2014노3416

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.

2. The judgment of the Defendant is in contravention of the overall criminal acts of this case, and there is no record of criminal punishment exceeding the previous and fine prior to the crime of this case. The victims of the larceny of this case agreed smoothly with some victims, grow up in an unstable family environment and economic situation is not good. The crime of this case is in a concurrent criminal relationship between the crime established on May 10, 2014 and the latter part of Article 37 of the Criminal Act, under Article 39(1) of the Criminal Act, the punishment should be determined by taking into account equity with the case where the judgment is to be rendered at the same time under Article 39(1) of the Criminal Act. However, the fraud of this case is committed in collusion with multiple accomplices who are not the Defendant, and the Defendant intentionally caused traffic accidents on seven occasions from around October 201 to March 2014, which is the most likely to cause severe bodily harm to the Defendant, and thus, it may be deemed that there is a significant risk that the Defendant would be an economic threat to the Defendant, such as an interview with the general insurance fraud insurance fraud system, etc.