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(영문) 수원지방법원 2017.08.10 2017노2963
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the suspended sentence, the suspended sentence: fine of KRW 3 million) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. The insurance fraud crime, such as the instant crime, is an insurance fraud crime that harms the basis of the insurance finance, and thus the damage is returned to a large number of insurance subscribers, so it is necessary for the team. The amount of the insurance money paid by the Defendant who submitted false receipts, etc. to the insurance company exceeds a total of 1.8 million won, and the number of the times of defraudation has not reached at least four times, etc. is disadvantageous to the Defendant.

However, considering all of the sentencing conditions stated in the records and arguments of this case, considering the fact that the defendant recognized the crime of this case as well as reflects the fact that the defendant has committed the crime of this case, the damage insurance company has agreed smoothly with all of the damaged insurance companies by compensating for the damages, the fact that there is no record of criminal punishment, and other various sentencing conditions stated in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive for the crime, circumstance after the crime, etc., the prosecutor

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

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