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의정부지방법원 2017.01.10 2016노3002
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to the crime of this case and reflects it, did not have the same criminal record, and returned the insurance money acquired by deceit.

B. However, in full view of the following circumstances: (a) the instant crime committed by causing a false traffic accident and by deceiving insurance proceeds; (b) the amount of damage caused by the instant crime reaches KRW 1,251,893; (c) there is no special change in circumstances after the pronouncement of the lower judgment; and (d) other circumstances that form the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, circumstances leading to the commission of the crime; and (c) the circumstances favorable to the Defendant, even if considering the above circumstances, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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