logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2021.02.18 2020노1505
보험사기방지특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. The judgment of the court below shows the appearance of the defendant when making a confession of all the crimes against the defendant, the court below paid a total of KRW 8.9 million to three places of the damaged company in X (State) and did not want the defendant's punishment against the defendant, and the above damaged company wishes the defendant to take the preference against the defendant by paying the total of KRW 3.3.8 million, which is the full amount of the money obtained by deception in the second place of the victimized company, in the judgment of the court, and the above damaged company wishes to take the preference against the defendant. The defendant is now punished by a fine of 22 years, and the defendant's family members and other people want to take the preference against the defendant is now favorable to the defendant.

However, the defendant, alone or with accomplices, acquired insurance money by causing a traffic accident, and the frequency of the crime reaches 14 times and the amount of the crime by fraud is equivalent to 140 million won.

This insurance fraud crime is not very good in that it leads to a large number of good insurance subscribers to economic damage, and it undermines social functions of insurance.

Most of the crimes have been executed directly by the defendant, and the gain amount directly belonging to the defendant out of the amount of the fraud amount reaches 80 million won, and the responsibility for the crime is very heavy.

As seen earlier, most damage except damage recovery to some damage companies is not recovered.

The defendant had a record of being subject to juvenile protective disposition due to robbery, and the defendant was committed several times of violence, and the defendant committed a violation of discipline that assaults inmates without being aware of it even though he was under flood.

In addition, considering the character and conduct of the defendant, environment, equity with the co-offenders of this case, motive and means of the crime, circumstances after the crime, etc., the court below held the judgment of the court below.

arrow