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(영문) 의정부지방법원 2014.01.15 2013노1132
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. In light of the following facts: (a) the Defendant led to the confession of the facts of the instant crime and stated that his mistake is divided; (b) the Defendant paid Samsung Fire KRW 1.48,065 among the damaged insurance companies; and (c) the Defendant agreed smoothly with each of the above insurance companies to pay the same KRW 868,065 among the damaged insurance companies; and (d) the Defendant was a primary offender who has no record of criminal punishment; (b) although the instant crime was not hospitalized in G Hospital even though the Defendant was hospitalized, he was issued a medical certificate, etc. as if the Defendant was hospitalized in G Hospital; and (c) the Defendant committed each of the instant crimes over two occasions; and (d) the total acquired money was not written in an amount equivalent to 3.6 billion won; and (d) the lower court, considering the Defendant’s circumstances, determined the summary order by fully reducing the amount of KRW 2 million to KRW 1,665,000,000,000,0000,000; (c) the Defendant’s motive and circumstances, etc.

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

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