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(영문) 대전지방법원 2017.05.17 2016노2857

사기

Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (Defendant A: 3 years of suspended execution in the year and February of 1 year, 120 hours of community service order, DefendantO: fine 2.5 million won in the case of Defendant H, and fine 1.5 million won in the case of Defendant H) is too unreasonable.

Judgment

The Defendants recognized the instant crime and reflects on the fact that Defendant A agreed with the victimized Insurance Company, Defendant A’s simple participation in the instant crime once, and Defendant H was somewhat insignificant compared to other accomplices, and the Defendants did not have any history of punishment for the same kind of crime.

However, the crime of this case is due to the fact that the purpose of the insurance system, such as the distribution of reasonable risks, is hindered the purpose of the insurance system, and the damage to a large number of good insurance subscribers, such as impairing the foundation of the insurance system, which leads to a large amount of sharing the roles of a large number of people, which is not sufficient to systematically and systematically commit the crime and systematically, and the fact that the defendant A actively participated in the crime and acquired money is considerable amount of fraud, etc. are disadvantageous circumstances.

In full view of the above circumstances and other conditions of sentencing, such as the Defendants’ age, sex, environment, motive, means and consequence, and circumstances after the commission of the crime, the lower court’s respective punishment is excessively unreasonable.

Therefore, the Defendants’ assertion is without merit.

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so, and it is so decided as per Disposition.