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(영문) 창원지방법원 2015.12.10 2015노2136
사기
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendants' punishment (one year and two months of imprisonment, two years of suspended sentence in six months of imprisonment, and one hundred and sixty hours of community service) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. It is recognized that the Defendants recognized the Defendants’ mistake when they were in the trial, against the fact that there was no past punishment, and that there was no record of having been punished in the past, and that the medical institution and the insurance that impliedly aided or aided the Defendants’ hospitalization for economic benefit sold the insurance for a long time after selling the medical facilities and the insurance that continued to be repeated, but there seems to be a considerable number of liability of the victims insurance companies that have paid the insurance proceeds without undergoing the minimum verification procedure, and that the Defendants appears to have paid

However, the crime of this case is a case where Defendant A received KRW 174,825,580 from the victim insurance company by repeating unnecessary surgery and hospitalization from the victim insurance company, and Defendant B obtained KRW 35,249,78 from the victim insurance company as insurance proceeds. Insurance fraud is based on the sacrifice of many good policy holders or legitimate right holders, and thus, may threaten the foundation of the insurance system. Therefore, the serious issue is that the amount of damage is large, the damage is large, and the damage of the victim is not recovered. Considering all other circumstances, considering the defendants’ age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and records of this case, it cannot be deemed that the punishment imposed by the court below is excessive or unreasonable.

Therefore, all defendants and prosecutor's arguments are rejected.

3. Conclusion.

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