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(영문) 창원지방법원 2015.05.21 2014노2626
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment (two years of suspended execution in October and one hundred and sixty hours of community service) declared by the court below is too unreasonable.

2. It is recognized that the Defendant recognized his mistake and reflects the fact that there is no history of punishment for the same kind of crime, B and C compensates the damaged insurance company for part of the damage caused by joint criminal conduct with the Defendant, and have reached an agreement with the damaged insurance company. The Defendant compensates the damaged insurance company for part of the damage caused by one’s own criminal conduct and has reached an agreement with the damaged insurance company.

However, the crime of this case is a case in which the defendant received approximately KRW 52 million in total from the damaged insurance company as the insurance proceeds by pretending a traffic accident. Insurance fraud is based on a sacrifice of many decent policy holders or legitimate insurance right holders. As such, the liability for the crime of this case is not easy since it may threaten the foundation of the insurance system. The defendant led the crime of this case, and the amount equivalent to the insurance proceeds received in collusion with B and C was used by the defendant, etc., under the unfavorable circumstances against the defendant. There is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the judgment below, and there is no change in the circumstances that are newly considered in sentencing, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is excessively unreasonable.

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

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