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(영문) 창원지방법원 2015.12.10 2015노2519
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment is too uneased and unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the mistake.

However, the crime of this case is deemed to have taken into account the following circumstances: (a) the Defendant acquired insurance money by pretending to traffic accidents, etc. and acquired the passbook, which is the means of access; (b) insurance fraud is based on the sacrifice of many good policy holders or legitimate right holders; (c) it may threaten the foundation of the insurance system; and (d) the financial access media may cause social damage by being provided for other crimes; (c) the Defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past and was in repeated crime period due to the same crime; and (d) the Defendant committed the crime of this case even if he had committed the crime of this case; and (e) the victims did not submit any particular data about the recovery of damage until the trial; and (e) there is no special circumstance or circumstance newly considered in sentencing after the sentence of the lower judgment; and (e) comprehensively taking account of various circumstances, such as the Defendant’s age, character and behavior, motive and circumstance of the environmental crime, means and method, and circumstances after the crime, it cannot be deemed unreasonable

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.

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