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(영문) 대구지방법원 2021.01.14 2020노3803

보험사기방지특별법위반

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant B: Imprisonment with prison labor for 4 months, and fine for 8 million won) declared by the court below to the Defendants is too unreasonable.

2. The judgment of the Defendants acknowledged the facts charged of this case, and against their mistake, and the fact that the Defendants paid damages to the victim company is recognized, but the insurance fraud crime is deemed to require strict punishment inasmuch as it is likely to cause a large number of good insurance subscribers to incur economic damage and to impair the social functions of the insurance, and the Defendants committed the crime of this case without being aware of the period of repeated crime, and the actual victims of this case want to be punished by the Defendants, and there are the same records of imprisonment with prison labor once, suspension of the execution of imprisonment with prison labor, two times of suspended sentence, and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendants’ age, sex, environment, family relations, and circumstances after the crime, etc., the Defendants’ assertion is not reasonable, given that each sentence imposed by the court below to the Defendants is too excessive. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.