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(영문) 창원지방법원 2015.03.26 2014노2769

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. The determination of insurance fraud is an offense that imposes a burden on a sincere general insurance policyholder and causes moral hazard to increase social costs, and thus it is difficult to prove such fraud. Therefore, it is necessary to strictly punish insurance fraud crimes revealed.

Considering that the sum of the damages incurred by the Defendant’s each of the instant crimes exceeds KRW 160 million, the lower court’s punishment is too unreasonable even if considering all of the sentencing conditions indicated in the pleadings, such as the following: (a) the Defendant was the first offender with no criminal records; (b) all of the crimes are dead and contradictory; and (c) the amount of damages was repaid to some victims and partly repaid the amount of damages to some victims; and (d) the amount partly repaid to some other victims, etc.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.