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(영문) 인천지방법원 2014.01.10 2013노2500

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of suspended sentence in October) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and against his mistake, and that the defendant has no record of punishment for the same kind of crime.

However, the court below appears to have determined the punishment by fully considering the circumstances favorable to the defendant. The total amount of damage caused by each of the crimes of this case exceeds 60 million won, and each of the crimes of this case is presumed to have been committed in collusion with the victim by receiving medical care benefit expenses from the National Health Insurance Corporation or by collusion with the victim in collusion with the victim B, in light of the purpose and purpose of the general insurance and the national health insurance system, which are the victim training life, Samsung Fire, East Fire, and the National Health Insurance Act and the insurance companies, the financial status of the National Health Insurance Corporation and the insurance companies becomes worse due to such crimes, and the burden is ultimately transferred to the general insured, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, family environment, circumstances before and after the crimes, etc., it is not unreasonable for the court below's punishment against the defendant to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.