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(영문) 광주지방법원 2015.08.20 2015노1458

사기

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and two months.

An application of the applicant for compensation.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is a situation in which the criminal defendant repeatedly obtained unnecessary hospitalization over several occasions for the purpose of insurance money, and it is not good to be punished in light of the criminal law and the amount of defraudation. The insurance fraud, such as the crime of this case, is likely to undermine the purpose of the insurance system, encourage speculative spirit, ultimately lead to the increase of insurance premium, ultimately, it is necessary to punish a large amount of social harm, and there is no agreement with the majority of victims up to now.

However, the defendant is divided into and reflects his mistake, there is no history of punishment for the same kind of crime, the fact that there is the most family member to support the defendant, the fact that the victim does not want to be punished for the defendant, the fact that the court of appeal terminated 12 insurance contracts concluded with 11 insurance companies, the victim's occurrence of and damage to the crime of this case has been significantly responsible for the victims due to reckless double insurance sales, etc., and the favorable circumstances, the age, character and conduct, environment, the circumstances and result of the crime of this case, etc., and the scope of recommendations for sentencing guidelines established by the Sentencing Commission of the Supreme Court (eight months to four years of imprisonment) / [the scope of recommendations] under types 2 of general fraud [the basic area (within 10 million won, but less than 50 million won): the basic area (within 4 years of age from 100 to 500 million won): the basic area of the victim's interesting marine insurance company; the defendant has been in need to receive treatment to a certain extent; the type of the victim's.]