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(영문) 서울남부지방법원 2021.01.11 2020노1634
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

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

2. The insurance fraud obtaining unjust profits by abusing the judgment insurance contract is a crime that causes damage to a large number of good insurance subscribers, and is a crime that causes serious social harm.

The defendant, as an insurance designer, is in a position to endeavor to establish and maintain a sound insurance system, has repeatedly committed insurance fraud for a long time. The nature of the crime is very poor.

Even after the investigation was initiated before and after the judgment of the court below, the defendant repeated the insurance fraud of this case, and subsequently suspended the crime after being detained, and was engaged in activities such as going out and going out of prison, and soliciting insurance during the duration of hospitalization.

Although the amount acquired by the defendant exceeds KRW 155 million, damage recovery was not made to the trial of the party even though it was a large amount of money which exceeds KRW 155 million, and there was a details of provisional seizure on the real estate owned by the victims, but it is highly likely to recover damage when considering the amount of collateral mortgage and provisional seizure established on the above real estate.

Since it is not visible, it is necessary to strictly punish the defendant.

However, given that the insurance fraud crime of this case was committed in the concurrent relation between the crime for which the judgment of the court below became final and the crime after Article 37 of the Criminal Act, the equity between the case to be judged at the same time is to be taken into account. In full view of all the circumstances, other than the previous criminal records in the judgment of the court below, including the fact that there was a history of punishment of a fine of this case except for the previous criminal records in the judgment of the court below, the defendant confessions and reflects the defendant, and other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age

The decision is judged.

Therefore, the defendant's argument is justified.

3. In conclusion, the defendant's appeal is reasonable, and the Criminal Procedure Act is applicable.

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