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(영문) 서울서부지방법원 2014.12.11 2014노1345
사기등
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal against the Defendants of the lower court’s respective punishment (ten months of imprisonment with prison labor) is unreasonable.

2. The crime of this case is deemed to have been committed in collusion by several persons, making a false traffic accident report and acquiring insurance money several times, and the nature of the crime and the criminal intent are more severe, and the amount of fraud is also high.

However, the Defendants have repeatedly led to the confession of crime and the strong reflectiveness, and most of the amounts of the insurance proceeds acquired by deceit to the damaged insurance companies have been fully agreed upon, and all the Defendants have no significant criminal records other than fines.

In addition, considering all the conditions of sentencing as shown in the records and pleadings, such as the circumstances of each crime, means, degree of damage, circumstances after the crime, the career, age, and environment of the Defendants, the lower court’s punishment against the Defendants is unreasonable.

3. Thus, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendants’ fraud: Articles 347(1) and 30 of the Criminal Act

B. Defendants’ attempted fraud: Articles 352, 347(1), and 30 of the Criminal Act

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for a suspended sentence;

1. Community service order (Defendant B) Article 62-2 of the Criminal Act;

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