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(영문) 서울북부지방법원 2020.02.13 2019노1704
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable for the lower court to impose each sentence on the Defendants.

2. In light of all the sentencing conditions, including the Defendants’ confession and mistake of the crime, the fact that Defendant B should consider equity with the case of the crime of violating the Special Act on Insurance Fraud Prevention which became final and conclusive, and Defendant A agreed that Defendant B would recover from the damage to each victim of the crime of fraud in the lower court and the first instance court. However, individual damage amount of the victims of the crime of fraud of this case is the small amount, and the Defendants’ repeated commission of the crime of fraud is the most important factor to determine the degree of illegality, and it is difficult to deem that there is a decrease in proportion to the necessity of punishment against the Defendants on the grounds that the Defendants agreed with some individual victims, and it is difficult to view that there is a decrease in proportion to the necessity of punishment against the Defendants. In full view of all the sentencing conditions such as the circumstances leading to the crime, period and frequency of the crime, the amount of the defrauded, the means and consequence of the crime, the size of the defrauded, the circumstances before and after the crime, and the fact that Defendant B committed some criminal acts during the period of repeated crime.

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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