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(영문) 춘천지방법원 2018.10.19 2018노727

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In this case, the Defendant committed an insurance fraud with multiple insurers for a long time, which amounts to 86,596,940 won or more, and the nature of the crime is bad. The insurance fraud crime is not merely causing damage to insurance companies, but also causing damage to many good insurance subscribers due to the increase of insurance cost, undermining the sound operation of the insurance system, and undermining moral hazard, and requires strict punishment. The Defendant continued to commit the instant crime even after being punished two times by the insurance fraud around 2012 and around 2015, even if he/she was punished two times by the insurance fraud, and even after being punished by the fine around 2012 and around 2015, the Defendant continued to commit the instant crime, and the fact that the remaining insurance companies excluding the Korean Commercial Non-Life Insurance Co., Ltd. are paid damage to them or are not

On the other hand, when the defendant committed the crime of this case in the first instance, it appears that the defendant recognized the crime of this case, and the defendant did not have good lee and knee, and therefore, it appears that the actual hospitalized treatment was required for some of the crimes of this case even for a short period of time. The defendant has contributed to the responsibility of some of the insurance companies that induce unreasonable insurance coverage and do not properly manage the crime of this case, and the responsibility of medical institutions that did not carefully determine the necessity of hospitalization and the duration of hospitalization. The defendant paid KRW 13 million at the court below to the Korea Non-Life Insurance Co., Ltd. which suffered damage of KRW 43,575 and 458 at the court below. The defendant paid KRW 10 million to the victim so far as he was in the first instance trial, and agreed with the above company by additionally paying KRW 10 million, and there was no record of criminal punishment other than twice the fine.