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(영문) 전주지방법원 2013.09.13 2013노548

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant AC, the sentence of the lower court (six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant AD, the sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended sentence) is too unreasonable.

C. In light of the overall sentencing conditions of Defendant A Q, the sentence of the lower court (fine 3,000,000) is too unreasonable.

2. Determination on the grounds for appeal

A. Defendant AC’s act of committing the instant crime is divided in depth with the recognition of all the instant crimes, and the amount equivalent to the insurance money he received was granted to A, who is an accomplice. At the lower court, the lower court recognized that the said victims did not want to be punished by Defendant AC, which was committed by the victim Samsung Fire Marine Insurance Co., Ltd., Hyundai Marine and Fire Insurance Co., Ltd., and the Defendant AC’s act of fraud against the victim Samsung Fire Marine Insurance Co., Ltd., paid the total amount of damages to the said victim, and there was no record of punishment heavier than a fine by Defendant AC.

However, the crime of this case is a case in which Defendant AC intentionally committed a traffic accident three times in advance with his accomplices, resulting in the occurrence of a traffic accident of which the sum of insurance proceeds is 20,200,460 won from the insurance company, and the nature of the crime and the criminal situation are not very good. Among the crimes of this case, one of the crimes of this case is that Defendant AC directly driven a vehicle and caused a traffic accident by driving the vehicle, and the degree of his participation is not easy, but the amount acquired is not much much, and Defendant AC repeatedly commits the crime of this case despite the fact that Defendant AC had the record of punishment once for the same crime, the balance of punishment with accomplices, the age, character and conduct, environment of Defendant AC, the background, means and result of the crime of this case, and the situation before and after the crime, etc. are shown in the records of this case.

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