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(영문) 부산지방법원 2016.08.12 2016노1047
사기
Text

The judgment below

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

Defendant

B A person shall be punished by imprisonment of one year and two months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1: Defendant A was required to be hospitalized in a hospital, and there was no intention to commit fraud.

2) Improper sentencing: The sentence of the lower court against Defendant A (one year of imprisonment and two years of suspended sentence) is too unreasonable.

B. The lower court’s punishment against Defendant B (one year and six months of imprisonment) is too unreasonable.

2. Defendant A asserted that Defendant A’s assertion of mistake of facts was identical to the grounds for appeal under this part of the judgment of the court below, and the court below rejected the above Defendant’s assertion on the grounds that Defendant A’s allegation of mistake was circumstances from No. 1 to No. 8 of the judgment of the court

According to the evidence duly admitted and examined by the court below, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as pointed out by the defendant A.

As such, Defendant A’s assertion on this part is without merit.

Defendant

It is recognized that Defendant A has no record of criminal punishment for the past ten years, and that the health of Defendant A is not good.

However, in full view of the following circumstances: (a) the insurance fraud obtaining unjust profits by abusing the insurance contract, such as the instant crime, harming the purpose of the insurance system, i.e., a reasonable diversification of risks, causing damage to many good insurance subscribers, and then harming the foundation of the insurance system; (b) the victims have not recovered from actual damage; and (c) the circumstances leading up to the instant crime; (d) the circumstances leading up to the instant crime; (e) the circumstances leading up to the instant crime; and (e) the age after the instant crime; and (e) the age of the Defendant A, sexual behavior; and (e) various sentencing conditions shown in the instant argument, such as the environment, are too unreasonable, and thus, there is no reason to believe that the Defendant A’s assertion is unfair.

Defendant

B Judgment on the unfair argument of sentencing in this case.

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