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(영문) 대전지방법원 2015.06.17 2015노1175
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and four months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant did not deny the instant crime, and there was no record of being punished for the same crime, and that there was no record of having been sentenced to suspended execution or heavier punishment for the same crime.

However, it is difficult to find out the fact that the amount of fraud (including approximately KRW 50 million) is not much, the damage is not recovered, and there is no effort to recover the damage. The insurance fraud, such as the crime of this case, is a serious criminal that undermines the foundation of the insurance system by impairing the purpose of the insurance system that is reasonable diversification of risks and causing the sacrifice of many good policyholders, and is committed repeatedly over a considerable period of time for many victims, which is disadvantageous to the defendant.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the defendant's age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommendations] by considering the aggravated area (one to two years and six months) (one year and six months), the aggravated area (one year to two years and six months), or multiple unspecified victims, or by committing repeatedly during a considerable period of time, the court below's sentence is too unreasonable, and thus, the defendant's allegation of unfair sentencing is not acceptable.

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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