사기
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor for one year, and Defendant B.
Summary of Grounds for Appeal
The sentence of the lower court (the imprisonment of the Defendant A, the imprisonment of the Defendant B, the imprisonment of the Defendant C, the imprisonment of the six months, the suspension of the execution of the two years, and the community service order of the 120 hours) is too unreasonable.
2. The crime of this case is not appropriate for the crime of insurance fraud to be committed by receiving insurance proceeds of KRW 91,362,317, total sum of KRW 44,146,712, Defendant B, and Defendant C in total of KRW 15,246,690 from many insurance companies who have subscribed to a large number of insurance policies that the Defendants paid insurance proceeds according to the number of days of hospitalization and received hospital treatment for a long time, and received insurance proceeds from a large number of insurance companies to receive insurance proceeds. It is not appropriate for the crime of insurance fraud to be committed, such as in violation of the purpose of the insurance system, which is the rational diversification of risks, and ultimately imposes a burden on a large number of good insurance policyholders, and the amount of damage amount of this case is not sufficient, and there was no considerable recovery from damage.
However, even in cases where the Defendants actually received treatment of disease, they appear to have committed deceptive act in some cases, or the degree of deceptive act is weak. Defendant A and B are the primary offenders, and Defendant A and B are deemed to have been responsible for the part of the instant crime even some hospitals attracting hospitalized patients based on the relaxed standards to claim medical care costs with some insurance companies that sold insurance products through the improper examination process to raise the insurance premium revenue, and some hospitals which have sold the insurance products. The Defendants are obliged to pay part of the amount of damage caused by the refund of the insurance premium already paid. Defendant B agreed to pay part of the amount of KRW 20 million to some victims. The Defendants sought the preference against the above Defendant through the submission of a written application, etc.
In these circumstances, the sentencing criteria of the Sentencing Committee and the age, character, character and environment of the Defendants, and the motive of the crime.