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(영문) 청주지방법원 2014.10.01 2014노726
사기등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

D, E.

Reasons

1. After Defendant E filed an appeal against the lower judgment on July 11, 2014, Defendant E filed an appeal against the lower judgment, and on August 14, 2014, Defendant E failed to submit the statement of grounds of appeal within 20 days from the date the period for submitting the statement of grounds of appeal was to be filed, while Defendant E received a notification of the receipt of the notification of grounds of appeal from this court on August 14, 2014, and the petition of appeal does not contain any

(2) The Defendant E was present at the court of trial and claimed unreasonable sentencing. However, in light of the nature of the insurance fraud crime of this case, the degree of the Defendant’s participation, and the profits acquired, the lower court’s sentence cannot be deemed to be unreasonable because it is too unreasonable. Therefore, under Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, Defendant E’s appeal should be dismissed by decision under Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, insofar as the Defendant

2. Determination on Defendant A and D’s appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for Defendant A, and fine of three million won for Defendant D) is too unreasonable.

B. The crime of this case against Defendant A is a case where the defendant intentionally paid a traffic accident with his accomplice and pretended to be a traffic accident based on negligence and acquired insurance proceeds under the name of agreement, etc. from many insurance companies, which would undermine the foundation of the insurance system and thereby undermine the quality of the crime, and thereby, is not good. The defendant has played an important role, such as inducing other accomplices in relation to the crime of insurance fraud or informing other clients of the specific method of crime. In particular, while running a unregistered credit business, he proposes to receive insurance proceeds by intentionally paying a traffic accident to some debtors, and he has received such money, among the insurance proceeds he received.

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