사기
The judgment below
Part concerning Defendant B, C, G, and L among them shall be reversed.
Defendant
B Imprisonment with prison labor for eight months and for three months.
1. The summary of the reasons for appeal is that the court below's respective punishment (for defendant B and C, for each of 8 months of imprisonment, for defendant D: fine of 4 million won, for defendant G: one year of imprisonment, and for defendant L: 6 months of imprisonment) is too unreasonable.
2. Determination
A. The crime of insurance fraud as in the case of Defendant B is more favorable in terms of social harm, such as the transfer of economic damage to many general subscribers, and the fact that the amount of defraudation is not smaller than KRW 28 million. On the other hand, Defendant B recognized his mistake while Defendant B does not have the same criminal record and there is no criminal record exceeding the fine for not less than 10 years. The amount of actual profit acquired by consuming considerable part of the money received as hospital expenses and insurance premiums is less than the amount of defraudation. Although the court agreed with all victims but the part of the credit agreement was reached in the court, it is more favorable that the damage recovery was made to the entire amount of fraudulentation, and most of the insurance contracts subscribed by Defendant B were terminated. In full view of other favorable circumstances, comprehensively taking into account the circumstances leading to the crime of this case, circumstances after the crime, Defendant B’s age, character and conduct, etc., and various sentencing conditions shown in the argument of this case, the argument of Defendant B is justified. Thus, Defendant B’s assertion is justified.
B. The Defendant C’s insurance fraud crime, such as the instant case, is a favorable circumstance where social harm is high, and thus requires strict punishment, such as that it leads a large number of good general policyholders to suffer economic damage, the amount of fraud is not stated as approximately KRW 19 million, and the victims did not agree with the victims, etc. However, Defendant C is recognized as having committed a mistake, and there is no previous conviction exceeding the fine for not less than 10 years, and there is no previous conviction for the same kind of offense, and there is a need for some hospitalization due to a brush, etc.