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(영문) 수원지방법원 2017.08.25 2017노2008

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

The pronouncement of sentence against B shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (an amount of KRW 4 million) by the lower court is too unreasonable.

B. The Prosecutor (Defendant A and C)’s sentence (each suspended sentence for Defendant A and C) of the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. As to Defendant B’s wrongful assertion of sentencing, the Defendant, even though being aware that medical expenses for beauty art purposes, such as raining or skin management, were not subject to damage insurance, acquired a considerable amount of money by deceiving the victim insurance company as if he received corrective treatment. In light of the circumstances, contents and result of the crime, the crime is not likely to be committed in light of the social harm, etc. of the insurer.

However, considering favorable circumstances, such as the fact that the defendant recognizes his mistake and reflects the fact that the defendant is a primary offender who has no record of criminal punishment, and that the defendant deposits 4 million won out of the amount of money acquired through deception in the case of the party, and the fact that most damage suffered by the victim insurance company is expected to have been recovered, the circumstances after the crime, circumstances after the crime, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too unreasonable, and thus, the defendant's argument is justified.

B. As seen earlier, prior to the prosecutor’s determination on the prosecutor’s unfair assertion of sentencing, the insurance fraud crime, such as this case, is likely to undermine the basis of the insurance finance, thereby causing the damage to a large number of insurance subscribers, and thus, its nature is not good.

However, in light of the fact that the Defendants agreed to compensate for the amount of damage and agreed smoothly with the damaged insurance company, the primary offender who has no record of criminal punishment, and the fact that all of the instant crimes are recognized, reflected, and not re-offending, the Defendants’ age, sex, environment, family relationship, motive for the crime, and circumstances after the crime, etc., the lower court’s punishment is too unfeasible.