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(영문) 전주지방법원 2015.05.29 2015노279

사기

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The instant crime committed by the Defendant is deemed to have obtained a total of KRW 140 million from multiple insurers by deceiving the Defendant at multiple hospitals over five years, and in light of the method and frequency of the crime and the degree of damage, it is reasonable to punish the Defendant with strict punishment.

However, in light of the fact that the defendant led to the crime of this case and reflects the mistake, that all the refund money of the insurance contract that the defendant terminated was returned to the damaged insurance company, that the defendant did not have any record of punishment for the same kind of crime, and that all the sentencing conditions in the arguments of this case, such as the defendant's age, character and behavior, family environment, etc., it is not recognized that the sentence imposed by the court below is too weak or unreasonable.

Therefore, both prosecutor and defendant's arguments are rejected.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.