logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.06.02 2016노377
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of suspended sentence in one year of imprisonment, two years of suspended sentence in six months of suspended sentence, and one year of suspended sentence in four months of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the Defendants’ confessions of each of the instant crimes, the first offender, the Defendants’ agreement with the victims of each of the instant crimes, and the insurance money acquired through each of the instant crimes appears to have been acquired by the Defendants, not individuals, by the companies to which the Defendants belong.

However, the Defendants filed a false claim for insurance proceeds with the trust that an insurance company does not know accurately about the parts of the imported automobile, and without due diligence while working at a private service center of the imported automobile official, by using the trust that pays insurance proceeds without due diligence. Such an act is not only detrimental to the foundation of the insurance system, but also causing economic damage to many good insurance subscribers, and it is necessary to strictly punish the Defendants as causing damage to the society as a whole, such as increase of insurance premiums. The amount acquired by the Defendants amount to KRW KRW 5,000,00,000, the amount of the crime committed by the Defendants was considerable, without any change in circumstances that may be considered as the grounds for sentencing in the trial, and there is no change in the circumstances that take into account the sentencing factors in the instant case’s age, sex, environment, family relationship, means and consequence of the crime, etc., the lower court’s excessive sentence imposed on the Defendants does not seem to be unfair.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

arrow