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(영문) 부산지방법원 2020.09.11 2020노1665
보험사기방지특별법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The lower court found the Defendant not guilty of violating the Special Act on Insurance Fraud Prevention on April 24, 2017, and found the Defendant guilty in the text of the judgment.

On the other hand, both the defendant and the prosecutor filed an appeal against the conviction part, and both the defendant and the prosecutor did not appeal against the acquittal part of the reasons.

Therefore, the acquittal portion of the reason is also judged in the trial together with the guilty portion due to the principle of no appeal ratio, but this part has already been relieved of the object of the trial from the object of attack and defense between the parties.

Therefore, the scope of the judgment of this court shall be limited to the remainder except the part of acquittal of the above reasons among the judgment below, and the part of acquittal of the above reasons shall be determined separately by the court below's conclusion.

2. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. In light of the fact that an insurance fraud crime causes serious moral hazard and unnecessary social costs, and is an act that may undermine the purpose of the insurance system, namely, the distribution of reasonable risks, and that the frequency of each of the crimes of this case is very high and the damage amount reaches a total of KRW 160 million, etc., the nature of the crime is heavy.

However, when the defendant was found to have been guilty, the defendant made confession of all of the crimes of this case and is against it.

The defendant made a serious effort to recover damage in the trial and agreed to pay the full amount or most of the damages to the victims except the victims AJ and AM.

The defendant has no record of punishment, except for punishment by a fine on two occasions for a crime of double-class.

The defendant has a child who is born to the side.

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