(영문) 전주지방법원 2018.04.18 2017노1799 | 리걸엔진

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(영문) 전주지방법원 2018.04.18 2017노1799

보험사기방지특별법위반등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the judgment. Each of the insurance fraud crimes of this case is organized systematically, and repeatedly committed over a considerable period of time. The total amount of defraudation is heavy, and the liability for the crime is heavy, the use of chips of mobile phones in another person's name is harming the sound distribution order of mobile phones, and it is inevitable to severely punish other crimes because it is likely that the use of a mobile phone chips in another person's name might cause another crime. The defendant committed each of the crimes of this case during the period of repeated crime even though he had a record of criminal punishment, including the same criminal record, even though he had a record of criminal punishment several times, and the damage is not completely restored.

However, in light of the circumstances favorable to the defendant and other circumstances, such as the defendant's age, sex, environment, motive and means of each of the crimes of this case, results, etc., and the conditions for sentencing specified in the arguments and records of this case, such as the fact that the defendant's criminal proceeds acquired by each of the insurance fraud of this case are not all the amount of fraud, but part of the amount of fraud, and the defendant's effort to recover damage through the above B at the court below's trial to the victim company of the joint crimes of this case, and that the defendant deposited 6 million won in total for the victim company separately, and that the defendant deposited 10 million won in the court below for the victim company. The prosecutor's assertion has merit, and the prosecutor's assertion has no merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the defendant's appeal is reasonable.

유사 판례

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-울산지방법원 2018.06.01 2018노329

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