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(영문) 춘천지방법원 2020.10.16 2020노559
보험사기방지특별법위반
Text

The judgment below

Defendant A, B, C, D, E, F, G, H, and I shall be reversed.

Defendant

A, C, and D shall be punished by imprisonment.

Reasons

Summary of Grounds for Appeal

A. Defendant A, B, C, D, F, G, H, and I’s sentence (Defendant A, C, G, and I’s imprisonment for 6 months, Defendant D, and H: Each of the imprisonment for 8 months, Defendant B, and F: 10 months) is too unreasonable.

Defendant

B and C withdrawn a mistake of facts on the first day of August 25, 2020.

B. The Prosecutor’s sentence (Defendant E, Defendant J: each fine of KRW 5 million) is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal ex officio (as to Defendant E and H), the prosecutor was examined in the first instance court. ① The part of the criminal records in the charges against Defendant E was sentenced to imprisonment with prison labor for one year for a crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse, at the Chuncheon District Court on August 21, 2020, and the judgment became final and conclusive on August 29, 2020,” and the latter part of Articles 37 and 39(1) of the Criminal Act “in addition,” and Article 39(1) of the Criminal Act “in addition, the part of the charges against Defendant H was detained as a crime of assault on January 21, 2020, and the part of the criminal records among the charges against Defendant H became final and conclusive on September 11, 202, and the same became final and conclusive on September 19, 202.”

3. Determination on the grounds for appeal

A. Insurance fraud crimes committed by acquiring insurance proceeds by intentionally imposing insurance accidents on the assertion of unfair sentencing by Defendant A, B, C, D, F, G, and I are crimes that undermine the foundation of the insurance system, encourage speculative spirit, and transfer economic damage to a large number of subscribers.

Each of the instant crimes committed by multiple Defendants is planned and organized, such as sharing roles in advance.

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