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(영문) 광주지방법원 2012.11.09 2012노1421

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment and six-month imprisonment) of the lower court against the accused is too unreasonable;

(2) In light of the frequency of the crime, the number of victims, and the amount of fraud, the crime of this case is serious, and the nature of the crime is not good, and the damage is not recovered until the trial. The defendant moved several hospitals over 247 days to June 201 and rehospitalized repeatedly during the period of hospitalization. Since insurance fraud, such as the crime of this case, was increased by the increase of insurance premiums, and thus, the defendant is subject to strict punishment, it is inevitable to sentence the defendant to imprisonment, considering the following: (a) the crime of this case is committed by the 12 insurance companies; (b) the crime of this case is committed by the 12 insurance companies; and (c) the crime of this case is committed by the 24th trial; and (d) the defendant was committed by the 24th trial during the period from November 2005 to June 2010; and (d) the defendant went out almost every day during the period of hospitalization.

However, in the case of this case, although the defendant joined multiple insurance contracts for a long time, he paid considerable amount of insurance premiums while maintaining a large number of insurance contracts for a long time, it seems that the nature of crime would be somewhat better in the case of typical insurance fraud cases that receive insurance premiums through false hospitalization after he bought an intensive insurance policy for a short time, and that there is no criminal power in the same kind of crime, and that the defendant has avoided the charge of crime from the investigation stage up to the trial court. However, even though the defendant made a confession at the third trial of the court of the first instance, he seems to have reduced the risk of repeating a crime by making his mistake too late, it seems that the change of the defendant's attitude was not reflected in sentencing at all.