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(영문) 대전지방법원 2016.06.30 2016노221

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10 million) against the Defendant is too unreasonable.

2. The fact that the defendant has no criminal record other than the fine is favorable to the defendant.

However, in light of the fact that the crime of this case is organized and planned as an insurance company's financial aggravation as well as the risk that may cause physical and property damage to a person involved in a traffic accident as well as to cause damage to a decent number of insurance subscribers, the crime of this case is not good. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means, result, and circumstance before and after the crime, it is deemed that the sentence of the court below against the defendant is too unreasonable since the defendant's argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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