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(영문) 광주지방법원 2014.02.12 2013노2441
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment with prison labor for a term of three years, three years of probation, and eight hours of social service) is too unhued and unreasonable.

2. In the instant insurance fraud crime, such as the instant case, is an unfavorable circumstance that requires strict punishment due to severe social harm, such as putting a large number of good general policyholders on economic damage, and that the number of false hospitalization is 47 times in total and a approximately 6 years in fraud of at least KRW 270 million from five insurance companies.

However, considering the favorable circumstances such as the fact that the defendant has recognized his mistake, that is the primary offender, the fact that the defendant is deemed to have been aware of the criminal intent by excessively hospitalized the defendant more than necessary, but the fact that there is a disease requiring medical treatment, the compromise in the case life insurance and civil procedure, the termination of each insurance contract with the future life insurance and the future life insurance, and the fact that he returned approximately KRW 3,70,000,000, which is a part of the insurance proceeds acquired through deception in this court, and that he was not in good health conditions, such as being performed by a disease related to the ledger on June 2013, which is the following day of this case, and other factors such as the defendant's age, character, character, occupation and environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, the prosecutor's assertion is without merit.

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

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