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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, confiscation) is too unreasonable.
2. While insurance fraud, such as the instant crime by the Defendant, etc., such as the instant crime, consists of cancer and it is very difficult to detect it, damage therefrom is ultimately borne by a good insured, thereby undermining citizens’ trust in the legal system. Therefore, a strict punishment should be imposed.
The crime of this case is organized and actively, such as preparing and submitting a false guarantee by inducing the relevant companies by the defendant, etc., and ordering the insured to give a false notice of facts, and the law and order are light, and the period is long, and the size and frequency are not much.
Defendant
In addition, the benefits that accomplices have gained in relation to the instant fraud crime are not many, and the responsibility of the Defendant is not less complicated in light of the role and degree of participation that the Defendant performed in the instant crime.
On the other hand, the defendant led to a confession of the violation of the Passenger Transport Service Act.
In addition, the court below submitted a written agreement that the defendant deposited 59 million won to the damaged insurance company and deposited 59 million won to the injured insurance company and received the deposit money, and some of them do not want the punishment of the defendant.
(C) The lower court’s judgment is unreasonable in light of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; (b) the means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc.; and (d) the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.