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(영문) 부산지방법원 2020.11.12 2020노2664

보험사기방지특별법위반

Text

The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

The judgment of the court below.

Reasons

Summary of Grounds for Appeal

Defendant

A (Unfairly Undue) The imprisonment (10 months) imposed by the court below on the defendant is too unreasonable.

As to the acquittal portion of the prosecutor's misconception of facts (as to the defendants), the court below found the defendants not guilty despite the fact that the defendants intentionally caused each accident in accordance with the submitted evidence.

The punishment sentenced by the court below to Defendant A (ten months of imprisonment) is too unhued and unfair.

Judgment

As to the prosecutor’s assertion of mistake of facts, the lower court found the Defendants not guilty of this part of the charges on the grounds that it is difficult to readily conclude that the Defendants intentionally caused each traffic accident under this part of the facts and circumstances admitted by evidence.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law by misunderstanding facts as alleged by the public prosecutor, which affected the conclusion of the judgment.

The prosecutor's above assertion is without merit.

Defendant

As to the assertion of unfair sentencing on the defendant A and the prosecutor, the criminal act of the defendant A in the judgment of the defendant is not only a good number of subscribers, such as the increase of insurance premiums, but also a very strict punishment is required to protect the good faith and trust among the members of society.

From August 2017 to June 2019, the period of crime is a long-term period from August 2017 to June 2019, and the amount acquired by deception is also 54 million won.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant was the first offender, the fact that the sum of approximately KRW 27 million is repaid to the insurance company that is the victim in the trial, and that all victims want to find the defendant's wife, the circumstances favorable to the defendant shall be considered, such as the defendant's age, character and behavior, career, family relationship, criminal history, motive, circumstances after the crime, and recidivism.