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(영문) 인천지방법원 2014.09.26 2014노2392
사기
Text

The judgment of the court below is reversed.

The victim's new life insurance No. 3 of the attached list of crimes No. 3 of the judgment of the defendant. 3.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the court below (one month of imprisonment and one year and five months of imprisonment) is too unreasonable;

2. In light of the fact that insurance fraud causes moral hazard to the general public and causes economic loss to a good insured, and the Defendant repeatedly committed the instant crime against multiple insurance companies, and the Defendant did not take measures to compensate for damage, such as reaching an agreement with the victimized company or repaying money, etc. even though the amount of damage exceeds KRW 100 million, and the Defendant committed some of the instant crimes during the period of repeated crime even though he/she was sentenced several times of punishment due to the instant crime, it is inevitable to recognize the need to punish the Defendant, and to sentence a sentence of punishment.

However, in light of the fact that the defendant's time to commit the crime in this case and his mistake is divided, and most of the crimes in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act with the violation of the Act on the Control of Narcotics, etc., which became final on January 7, 2013, and the latter part of Article 37 of the Criminal Act, it is necessary to determine punishment in consideration of equity with the case where judgment is rendered at the same time under Article 39 (1) of the Criminal Act, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and happiness environment, circumstances before and after the crime

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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