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(영문) 광주지방법원 2020.08.13 2020노1118
보험사기방지특별법위반등
Text

The judgment below

Among them, the part concerning each crime of No. 10, 11, and 12 of the judgment against Defendant A, and the judgment against Defendant C.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of suspended execution, six months of imprisonment with prison labor for six months, one year of suspended execution, four months of imprisonment with prison labor for four months, one year of suspended execution with prison labor for six months, one year of suspended execution with prison labor for six months, and six months) is too unreasonable;

2. Determination

A. The judgment on each of the crimes of Articles 10, 11, and 12 of the decision with respect to Defendant A, the crime of Article 9 of the decision with respect to Defendant C, and the crime of Article 15 of the decision with respect to Defendant E was committed several times, and actively participated in the crime, and each of the crimes of Articles 10, 11, and 12 of the decision with respect to the crime of Articles 10, 11, and 12 of the decision is committed during the period of suspension of execution, Defendant C was committed during the period of suspension of execution due to the same crime of Article 9 of the decision, and the injury was unpaid, Defendant E actively participated in the crime, Defendant E actively participated in the crime, and the crime of Article 15 of the decision was committed during the period of suspension of execution, and that

On the other hand, Defendant A agreed with the victim CW Co., Ltd. (total damage amounting to approximately KRW 10 million) which is part of the crimes of Articles 10, 11, and 12 (total damage amount to KRW 27 million) as indicated in the judgment of the court in the trial. The total damage amount to the crime of Article 9 of the judgment of the court of the court of the defendant C is limited to KRW 1,916,410, and the defendant E repaid approximately KRW 9.2 million to the victim CX Co., Ltd. of the crime of Article 15 of the judgment of the court below prior to the pronouncement of the judgment of the court below (for that reason, the records of the court of the court below are not presented, and the above repayment statement seems to have not been reflected in the sentencing, and it seems to have been submitted only in the trial). In the trial of the party, the above victim is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendants’ age, character and conduct, and environment, etc., the lower court’s punishment is too vague.

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