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(영문) 광주지방법원 2015.07.16 2015노1118

사기

Text

1. Defendant B’s appeal is dismissed.

2. The part of the judgment of the court below against Defendant C regarding Defendant C.

Reasons

1. The summary of the grounds for appeal (Defendant B: imprisonment with prison labor for one year, Defendant C: fine of 5,000,000) is too unreasonable.

2. Determination

A. Defendant B’s mistake is divided and reflected by Defendant B, and there is no benefit from each of the instant crimes, and the fact that Defendant C, an accomplice, reached an agreement with some victims is favorable.

However, insurance fraud like the crime of this case, such as the crime of this case, is likely to harm the purpose of the insurance system of rational diversification of risks, encourage speculative spirit, ultimately, increase of insurance premiums, which leads to an increase in the amount of social harm. The total amount of damage caused by each crime of this case exceeds KRW 364 million, and most damage has not been recovered, and the defendant has not been recovered, and the defendant has already played a leading role in each of the crimes of this case, such as soliciting the purchase of insurance, making a decision on whether to pay some insurance premiums, making a false or exaggerated hospitalization, designating hospital to be hospitalized, claiming insurance money, etc., it appears that the court below had already taken into account the favorable circumstances for the defendant, and it is difficult to view that C, an accomplice, who is an accomplice, has reached an agreement with some victims to reduce the sentence of the court below, and considering all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, the background and result of the crime of this case, and the circumstances after the crime, etc., the above assertion by the above is not reasonable.

B. Insurance fraud, such as Defendant C’s instant crime, is likely to undermine the purpose of the insurance system, encourage speculative spirit, ultimately increase insurance premiums, and leads to the increase of insurance premiums, and thus, need to be punished strictly for social harm. It also exceeds KRW 30 million up to now.