사기등
1. The part of the judgment of the court below against Defendant A regarding the case against Defendant A is reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
1. Summary of grounds for appeal;
A. Defendant A’s punishment (two years of imprisonment) is too unreasonable.
B. The lower court’s punishment of Defendant B against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), the violation of Road Traffic Act (toxicly Driving), and the violation of the Guarantee of Automobile Damage Compensation Act (limited to KRW 6 million) is deemed to be too uneasible and unfair.
2. Determination
A. There is a reason to receive the insurance money of KRW 160 million with the money acquired by Defendant A by deceit
In the event that excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money more than the insurance money that can be actually paid through the realization of this money, a crime of fraud is established against the whole insurance money paid (Supreme Court Decision 2014Do5903 Decided March 15, 2017), barring special circumstances (Supreme Court Decision 2014Do5903 Decided March 15, 201).
However, there is no history that Defendant A has been punished as a crime of fraud. In the case of excessive hospitalization such as the crime of fraud in this case, the degree of deception is relatively weak compared to the case of intentional occurrence of the insurance accident itself or absence of any symptoms, compared to the case of false hospitalization, compared to the case of false hospitalization, the victim of the crime of fraud who provided an excessive motive for and neglected appropriate post management by selling duplicate insurance indiscreetly, is liable to a certain extent of the occurrence of the crime or the expansion of damage to the victim of the crime. The nine companies among the victims of the crime of fraud have reached the judgment of Defendant A, among these nine companies, Dongbu Life Insurance Co., Ltd., Samsung C&T Co., Ltd., Ltd., Samsung C&T accident insurance Co., Ltd., Ltd., Ltd., Haeman Life Insurance Co., Ltd., Ltd., Nonghyup Life Insurance Co., Ltd., Nonghyup Life Insurance Co., Ltd., Ltd., Meeman Life Insurance Co., Ltd., Ltd., and the remainder