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(영문) 서울동부지방법원 2020.05.08 2020노78
보험사기방지특별법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the instant crimes committed by the Defendant by intentionally causing a traffic accident on seven occasions, and attempted to acquire approximately KRW 35550,000 as insurance money, by defrauding about KRW 680,00 as insurance money, and attempted to acquire approximately KRW 680,00,00 as an attempted crime, and such crime is not good in light of methods

In addition, insurance fraud crime is likely to undermine the purpose of the insurance system, such as reasonable diversification of risks, and it is necessary to be punished for severe punishment due to the degree of social harm caused by the sacrifice of many good subscribers.

However, in full view of the fact that the defendant recognized the whole of his mistake, the defendant and accomplices in the decision of the court below made efforts to recover damage, such as the defendant's payment of the total amount of 13,380,000 won to the victims, and the defendant does not seem to have enjoyed all the profits earned from each of the crimes of this case, and the defendant does not have the same criminal record, and all other matters concerning the sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the court below's punishment is deemed to be too unreasonable, and the defendant's assertion

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 8 of the relevant Act on Criminal Facts, the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Articles 10 and 8 of the Special Act on Insurance Fraud Prevention, respectively.

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