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(영문) 창원지방법원 2014.10.30 2014노1866

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below against the defendant is too unreasonable.

2. The judgment of the defendant committed each of the crimes of this case repeatedly over a considerable period of time against many insurance companies, and the fact that the defraudation amount exceeds KRW 90 million is disadvantageous to the defendant.

However, the defendant recognized all of the crimes of this case, and is detained more than 80 days, and therefore is seriously against his mistake. After the decision of the court below, the defendant has made efforts to recover damage, thereby repaying a considerable part of the acquired amount, or reached an agreement with some of the victims. The defendant has no record of punishment prior to the crime of this case, the defendant does not have any record of criminal punishment for other crimes similar to the crimes of this case, the defendant's age, character and behavior, intelligence and environment, health condition and family relationship, motive, means, methods, and results of the crime, and other various circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, character and behavior, environment, health condition and family relationship, and the circumstances before and after the crime of this case, the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Suspension of execution under Article 62(1) of the Criminal Act (The conditions favorable to the grounds for reversal of the above judgment).