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(영문) 서울북부지방법원 2016.06.21 2016노314
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal (defendant D: fine of 7 million won, Defendant F: fine of 4 million won) is too unreasonable.

2. The Defendants recognized all of the instant crimes and divided their errors.

Defendant

D Prior to the crime of this case, there is no specific criminal punishment except for a person who was sentenced once a fine due to drinking driving prior to the crime of this case, and Defendant F was the first offender, and the amount acquired by the Defendants was fully repaid.

However, each of the instant insurance fraud crimes committed by the Defendants is ultimately causing damage to an unspecified number of insurance subscribers, and it is not very good to commit such crime.

After intentionally causing a traffic accident, the Defendants acquired the insurance money by deceiving the insurance money or claiming excessive insurance money for the part that has not been destroyed by using the occurrence of the traffic accident. The intention of deception is final and conclusive.

There is no change in circumstances that would otherwise determine the original judgment and the punishment in the first instance.

In addition, considering the Defendants’ age, sexual conduct, the means and consequence of the instant crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the instant crime, the lower court’s punishment against the Defendants appears to have been conducted within the reasonable scope of discretion, and it is not recognized that the lower court’s punishment is too unreasonable.

The Defendants’ assertion is without merit.

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

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