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(영문) 광주지방법원 2015.07.23 2015노1262

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

It is more favorable to the fact that the defendant repents his mistake and speaks against the defendant, the necessity of receiving a certain degree of treatment from the defendant, the insurance contract with five insurance companies among the victims was terminated in the appellate trial, the termination of each insurance contract concluded with three insurance companies (new life insurance companies, modern marine fire insurance companies, and AIG damage insurance companies) among the victims, and the occurrence of the crime of this case and the increase of damages caused by the reckless double insurance sales of the victim insurance companies, etc., and the victims are also responsible for the victims.

However, the crime of this case is deemed to have been committed by deceiving 234,114,103 won throughout several occasions for the purpose of insurance money, which is not good in light of the criminal law and the amount of fraud. Insurance fraud, such as the crime of this case, is likely to harm the purpose of the insurance system, encourage speculative spirit, ultimately promoting the increase of insurance premiums, and ultimately, it is necessary to punish the victims with severe social harm; it is not agreed with the victims until now; it is difficult to view that the termination of the insurance contract with some victims after the decision of the court below is not a change in circumstances that could reduce the sentence of the court below; and all of the sentencing conditions of this case, such as the defendant's age, character and environment, the background and result of the crime of this case, the circumstances after the crime, etc., and the scope of recommendations (eight months to four years) for sentencing guidelines established by the Sentencing Committee (the scope of recommendations) / [the scope of imprisonment with prison labor for not less than KRW 100,500,000 won] general type 2.