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(영문) 창원지방법원 2014.10.15 2014노842
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first and second crimes in the original judgment: the fine of KRW 5 million, the fine of KRW 3 million in the original judgment: the fine of KRW 2 million in the third crimes in the original judgment) declared by the court below is too unreasonable.

2. The fact that the defendant recognized all of the crimes of this case and commits an error in depth, and the crime Nos. 1 and 2 of the decision of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of interference with business, etc., which became final and conclusive on March 19, 2011, and the crime No. 3 of the judgment of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) which became final and conclusive on April 19, 2013, which are favorable to the defendant.

However, the crime of this case is an insurance fraud against the insurance company and its burden is extremely poor in terms of its nature, damage to the victims, or failure to agree with the victims, and there is no special change in circumstances to change the punishment of the court below for the first time. In full view of the following circumstances, considering the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, the circumstances after the crime committed, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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