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(영문) 부산지방법원 2019.06.28 2019노1218
보험사기방지특별법위반
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The crime of this case is a traffic accident that occurred while the defendant intentionally caused a traffic accident in collusion with his accomplices, and is likely to cause a traffic accident by mistake, or while carrying on a non-registered transport business for profit-making purposes, and thus, the payment of insurance proceeds is impossible under the terms and conditions, but it is not possible to pay the insurance proceeds by concealing the above-mentioned commercial transport fact and claiming a false insurance proceeds, and thereby deceiving the victim insurance company with a total of KRW 49,502,246 on eight occasions, and the crime of this insurance fraud is heavy, and it is recognized that the crime of this insurance fraud is likely to undermine the social function of the insurance company and encourage moral hazard by abusing the insurance system, and that it is necessary to punish

However, in light of the fact that the above victim insurance company does not want the punishment of the defendant by paying damages to all victims insurance companies, or is seeking the wife, that the defendant recognized all of the crimes and divided his mistake in depth through confinement life, that there is no criminal record exceeding the fine, and that there is no other criminal record of the defendant, considering all other matters concerning the sentencing specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstance after the crime, etc., the court below's punishment is somewhat unreasonable, and therefore the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the relevant column of the judgment below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.

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