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(영문) 수원지방법원 2016.06.29 2016노2885
사기
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Reasons

1. The sentence of the court below (Defendant A: imprisonment of one year and four months, and Defendant B: one year) on the summary of the reasons for appeal is too unreasonable.

2. The crime of this case is not good in that it disturbs the sound order of insurance contracts by abusing the structure of conclusion of insurance contracts and payment of allowances.

It is not less than KRW 100 million with a large number of crimes and the amount of fraud.

However, the defendants recognize and reflect the crimes.

As the injured party has recovered and agreed to recover part of the damage to the injured party, the injured party wants to take the walk of the Defendants.

Defendant

A is the primary offender, and Defendant B is not the same as the previous offender, which exceeds the fine prior to the instant crime.

In addition, the sentence of the court below is too unreasonable in light of the following circumstances: the Defendants’ age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

Therefore, the defendants' argument of sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is reasonable, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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