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(영문) 전주지방법원 2015.09.21 2015노549
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is a crime of which the crime of this case is committed by a defendant who was unjustly or for a long period of more than five years, was hospitalized in multiple hospitals, and then acquired insurance money equivalent to KRW 187 million from the damaged insurance company, and attempted to acquire insurance money equivalent to KRW 7.2 million from the attempted crime. In light of the method and frequency of the crime, and the amount of fraud, the crime is inferior and heavy, and the crime of insurance fraud is a crime that harms the foundation of the insurance system and causes the damage to many good subscribers, and thus, it is necessary to strictly punish the defendant.

However, given the above circumstances and all of the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, family environment, etc., it is recognized that the defendant led to the crime of this case, the defendant has no record of punishment for the same kind of crime, and the defendant has endeavored to recover damage by depositing a certain amount for the victim insurance company in the court of a party. Thus, considering all of the above circumstances and other sentencing conditions specified in the argument of this case such as the defendant's age, character, and family environment, it is not deemed that the sentence of the court below is too poor or unreasonable. Thus, the prosecutor and the defendant's assertion

3. Wherefore, the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Since the scope of liability for compensation of this case is not clear, this case’s application for compensation is dismissed in accordance with Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings

The judgment below

In the second instance, the “1. Fraud” in the first instance shall be deemed as “1. Fraud and attempted fraud,” and the second instance “187,981,512” in the second instance.

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