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(영문) 서울중앙지방법원 2016.05.13 2016노593 (1)

사기

Text

The judgment below

Part concerning Defendant A, B, and E shall be reversed, respectively.

Defendant

A, Defendant B, in one and half years of imprisonment, and Defendant B.

Reasons

1. The summary of the grounds for appeal are as follows: Each punishment of the first instance on the Defendants (2 years and six months of imprisonment; 2 years of imprisonment; 6 months of imprisonment; 1 year and six months of imprisonment); 3 months of imprisonment; 1 year and six months of imprisonment) is too unreasonable.

2. Determination:

A. The Defendants, in collusion, acquired the insurance proceeds by intentionally inducing a traffic accident, manipulating the number of days of hospitalization, or claiming for repair estimation, etc. In light of the fact that it is a systematic and planned crime, the financial aggravation of the insurance company's finances, thereby causing damage to a decent number of insurance subscribers, as well as causing damage to the body and property of the party to the fabricated traffic accident, it is very difficult to commit such crime.

2) In particular, Defendant E, as an employee of the traffic accident compensation team of the victim X (hereinafter “X”), committed a duty to ensure that adequate insurance proceeds are paid through a faithful investigation, and participated in obtaining insurance proceeds by consignment with Defendant A, B, and D, thereby allowing the said Defendants to receive insurance proceeds. In return, Defendant E received part of the insurance proceeds or received entertainment. The nature of the crime or possibility of criticism is not against other Defendants who directly caused an intentional accident.

3) Meanwhile, the amount acquired by deception by the Defendants through involvement is as follows: ① Defendant A’s total of KRW 131,822,280 (a total of KRW 64,162,00, KRW 67,660, KRW 280) and ② Defendant B’s total of KRW 65,910,00 ( KRW 9,730,000, KRW 56,186,930), ③ Defendant D’s total of KRW 54,615,00 ( KRW 46,262,00, KRW 8,353,000), ④ Defendant E reaches total of KRW 100,810,000 (public offering), and each of the above crimes committed by the Defendants for a considerable period of time.

B. 1) Defendants A, B, and E have reached an appellate trial and led to the confession of all crimes, and show the misunderstanding.