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(영문) 인천지방법원 2016.01.05 2015노4234

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized the instant crime; and (b) the Defendant’s health is not good.

However, the defendant has a history of being punished for the same crime, insurance fraud crime is a crime that harms the foundation of the insurance system and causes damage to many good insurance subscribers, and thus strict punishment is required. The defendant's above assertion is not acceptable since the amount of damage reaches KRW 250 million ( approximately KRW 180,000,000,000,000 paid as insurance premium), and substantial damage has not been paid at all. There is no change in special circumstances or circumstances that may be newly considered in the sentencing after the decision of the court below, and there is no change in the circumstances that may be newly considered in the sentencing after the decision of the court below. In full view of all the sentencing conditions as shown in the records, such as the defendant's age, sexual behavior, motive and background leading to the crime of this case, and circumstances before and after the crime, etc., the sentence imposed by the court below is too too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.