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(영문) 부산지방법원 2018.11.16 2018노3141
보험사기방지특별법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Determination of the number of the insurance fraud crimes of this case has reached seven times and exceeds a total of 54 million won, which is disadvantageous to social harm, such as the following: (a) the nature of the crime and the poor circumstances; (b) the degree of participation in the crime committed under a prior plan with many accomplices; (c) the amount acquired is highly likely to be subject to criticism by using it as entertainment expenses; and (d) the crime of receiving insurance money by intentionally causing a traffic accident has aggravated the financial standing of the insurance company; (b) ultimately, the burden of the insurance premium on the general insurance subscribers is increased; and (c) the risk of the traffic accident is increased by impairing traffic safety and disturbing the general traffic order.

However, there is no record of criminal punishment exceeding the same kind of crime and fine, the actual profits that the defendant acquired by the crime of this case is larger than the amount of fraud, the defendant is the young age of 22 years old and has supported his spouse and young children, which can expect that his mistake will be divided and repeated as sound social members in the future, and the defendant compensates the victims for the amount equivalent to the insurance money he acquired by each defendant (total amount of KRW 11,484,590) in the past in the past. In addition, considering all other circumstances, the court below's punishment is somewhat excessive, considering the following circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the situation after the crime, the balance with the punishment in the same and similar cases, etc.

The decision is judged.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again followed after pleading.

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