logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.25 2016노1985
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to the instant crime and his depth reflects his mistake.

However, the crime of this case is deemed to have been committed by the Defendant in collusion with Go-dong B by deceiving the victim, and in light of the method and content of the crime, etc., the crime of this case is considerably poor in quality in light of the law and contents of the crime. Insurance fraud is a serious crime that imposes a burden on the sincere general subscribers and causes moral hazard, and thus increases social costs, and thus it is highly necessary to punish the offender. It seems that agreement with the victim or recovery from damage has not been properly made up of the crime of this case up to now, even though the Defendant had served a single sentence for the same crime of this case and one suspended sentence, and four times of a fine, there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment, and there is no other various sentencing conditions as shown in the argument of this case, such as the Defendant’s age, career, character and behavior, environment, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow