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(영문) 전주지방법원 2014.01.17 2013노1242

상습사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognizes the crime of this case and seriously reflects the defendant's mistake. However, the defendant has been punished for a crime of the same kind, and the crime of this case has been acquired repeatedly insurance money for a considerable period of time in collusion with his own wife and children by receiving false hospital treatment after purchasing insurance. This crime is highly serious in the nature of the crime and the criminal situation in that it harms the foundation of the insurance system by impairing the purpose of the insurance system, destroying the contingent risk, causing the sacrifice of a large number of subscribers, causing the sacrifice of a large number of subscribers, thereby impairing the foundation of the insurance system. Although the amount acquired by the defendant is reasonable, the defendant did not reach an agreement with the victims and did not make any effort for recovery from damage, and other various circumstances, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., it is not recognized that the punishment of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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.