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(영문) 의정부지방법원 2016.08.18 2016노1347
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (i.e., imprisonment with prison labor for 6 months, (ii) imprisonment with prison labor for 6 months, and (iv) imprisonment with prison labor for 4 months) declared by the lower court to the Defendants is too unreasonable.

2. Determination

A. Defendant A deposited an amount equivalent to the amount obtained by deceit through each of the crimes of this case for the victim.

The defendant has no record of crime in the same kind, has a family member to support the defendant, and has a physical disability (class 6).

However, because the insurance fraud has a significant social hazard such as putting a large amount of financial burden on a large number of good insurance subscribers, it is necessary to strictly punish it, in light of the attitude of the defendant's act, etc., the crime is not good, and the amount of the insurance money acquired by the defendant is not much much.

The defendant did not agree with the victim so that he/she would face to the trial.

Defendant is a criminal record of a suspended sentence of imprisonment with prison labor for a crime committed against this type, and has several times.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

B. It is recognized that it is necessary to consider equity with the case where the judgment was received at the same time as the crime recorded in the records of the crime in the judgment below, which is one of the concurrent crimes after Article 37 of the Criminal Act with respect to some criminal facts of Defendant B

However, because insurance fraud has a significant social hazard such as putting a large amount of financial burden on a large number of good insurance subscribers, it is necessary to strictly punish it. However, the defendant has committed repeated insurance fraud against a large number of victims, and the amount of fraud is not much important.

The defendant does not agree with the victims so that he/she may take part in the trial.

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