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(영문) 서울동부지방법원 2016.04.07 2016노83
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant made a judgment on the grounds for appeal and made a confession of all the facts constituting the crime and made it against the defendant, and that the defendant has no record of the same kind of crime.

However, the defendant intentionally used the other driver's weak points for about six years, received a minor traffic accident at the hospital, and received the diagnosis from the hospital, and acquired money from the vehicle insurance company as the victim the agreed gold and the unrepair repair cost, etc., and did not recover the victims' damages. The insurance fraud like this case is a significant criminal that may eventually lead to the result of raising the insurance premiums of a good general insurance company, thereby causing the damage to the foundation of the insurance system. The defendant committed the crime of this case while driving a taxi or bus, and other conditions of sentencing prescribed in Article 51 of the Criminal Act including the defendant's age, sex, environment, motive for committing the crime, and circumstances after committing the crime, etc., it is appropriate that the court below's sentence against the defendant is proper and it does not seem to be unfair.

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

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