사기
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (the 700,000 won by Defendant A, B, and C, and the 500,000 won by Defendant D) is too unreasonable.
2. The judgment of the court below is based on the following circumstances: (a) the Defendants made confessions of each of the instant offenses, and there is no benefit accrued therefrom; (b) even though they agreed with the victim Samsung Fire Marine Insurance Co., Ltd., the circumstances are acknowledged, insurance fraud, such as the instant case, is likely to impose a burden on the faithful general policyholders and increase social costs by inducing moral hazard; (c) the nature of the crime is inferior; (d) the amount of damage is the maximum amount; and (e) the Defendants were forced to commit each of the instant offenses by intimidation or intimidation, but there is no evidence to acknowledge it; and (e) the above favorable circumstances appear to have been sufficiently considered in the judgment of the court below; and (e) other circumstances, such as the Defendants’ age, character and behavior, environment, motive and means of the instant offense, the consequences and consequence of the instant offense, relationship with the victims, and the circumstances after the crime, etc., are considered to be unfair.
3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25 of the Regulation on Criminal Procedure, ex officio and the application of the judgment below
1. The phrase “Articles 70 and 69(2) of the Criminal Act” of the Labor House Detention (Defendants) shall be corrected to read “Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 4, 2014)”.
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