사기
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is too unreasonable that each punishment (a fine of three million won is imposed on the Defendants) declared by the court below to the Defendants.
2. Determination
A. Although Defendant G is guilty of having to sentence in consideration of equity under Article 39(1) of the Criminal Act, it is deemed that Defendant G’s confession of criminal facts, without the same criminal records, and the crime of this case is in the concurrent relationship between the final judgment and the latter part of Article 37 of the Criminal Act, the punishment should be imposed in consideration of equity under Article 39(1) of the Criminal Act. Insurance fraud, such as the crime of this case, is highly necessary for the crime of this case, which is a serious crime that imposes a burden on the sincere general insured and causes moral hazard and increases social costs. The lower court seems to have determined punishment in consideration of all the circumstances, and there is no special change in the trial, and there is no other circumstance that has been a special change in the trial. In full view of all the various circumstances, it is not recognized that the sentence of the lower court is too unreasonable.
B. Although Defendant L is in contravention of the criminal facts, it is recognized that there is no criminal history of the same kind of crime, it is highly necessary to punish the insurance fraud, such as the crime in this case, for a serious crime that imposes a burden on the sincere general insured and causes moral hazard, and increases social costs. In full view of all the circumstances, the lower court appears to have determined the punishment in consideration of the overall circumstances, and there is no special change in the trial, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, including the Defendant’s age, environment, character and conduct, motive leading to the crime in this case, and circumstances before and after the crime, it is not recognized that the lower court’s punishment is too unreasonable
3. In conclusion, the Defendants’ appeal is without merit. Thus, the Criminal Procedure Act is applicable.