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(영문) 서울동부지방법원 2017.04.13 2017노312
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by serving a sentence against the Defendants (one year and three months of imprisonment, and one year of imprisonment, and one year of imprisonment) of the lower court.

2. The defendants' criminal acts are committed by the defendants, and they are divided. Defendant A did not have criminal records for the same kind of crime, and Defendant B did not have criminal records for the same crime except for those punished by a fine of KRW 500,000 as a crime of fraud; Defendant A was a minor at the time of a part of the crime; Defendant B supported Defendant B, who was a dementia elderly and disabled person, and Defendant A's criminal acts were finalized before the judgment of the court sentenced to a suspension of the execution of six months of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (joint conflict) on January 17, 2013, and some victims did not want to be punished for Defendant B, and Defendant B recovered part of the victims' damage.

However, the nature of the crime of this case where the Defendants intentionally caused a traffic accident or acquired insurance money through the report of a false traffic accident, and the Defendants committed a crime in collusion with many persons, such as family members and family members, in order to obtain a large amount of insurance money, and the amount of insurance money obtained by the Defendants is not smaller than the amount of insurance money, and substantial part of the victims is not recovered, the Defendants are more likely to be involved in the crime, and the extent of the Defendants’ participation in the crime was more severe, and all the sentencing conditions indicated in the argument of this case such as age, sexual behavior, environment, etc., are considered, and thus, it cannot be deemed unfair for the Defendants to

3. Accordingly, 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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