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(영문) 수원지방법원 2017.11.16 2017노6650
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below that sentenced two years of imprisonment is too unreasonable in light of the fact that the defendant recognized a mistake in sentencing (unfair sentencing) and returned 40 million won to the victims, etc.

2. The crime of this case is not likely to be a crime that has significant social harm, such as intentionally inducing a traffic accident and receiving approximately KRW 150,000,000 from the victims for repair expenses, etc. The insurance fraud is a serious crime that undermines the foundation of the insurance system and imposes a burden on other insurance subscribers. The defendant has the power to be subject to criminal punishment due to traffic crimes, the damage recovery is not proper, the circumstances asserted in the grounds of appeal are already reflected in the sentencing, and there are no special changes in circumstances that the court below seems to have already reflected in the sentencing, and the defendant's age, sex, environment, degree of damage, the degree of damage, motive and circumstance of the crime, and the circumstances after the crime, etc. are considered in full view of all the circumstances of the records and all the sentencing of this case including the records and arguments of this case. Thus, the above assertion is without merit, since the court below's punishment is too unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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