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(영문) 수원지방법원 2015.05.15 2014노5065
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. The Defendant had been sentenced to a fine twice in the past for fraud, and the Defendant committed each of the crimes of this case even after having been sentenced to imprisonment for one year and six months for a violation of the Military Service Act in 2008, and was sentenced to a repeated crime. The Defendant committed each of the crimes of this case on five occasions, and the amount of the insurance money involved reaches about KRW 13 million, and the amount of the damage is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of each of the instant offenses; (b) the amount of the insurance proceeds actually acquired by the Defendant is KRW 4.8 million; (c) the amount of the insurance proceeds actually acquired by the Defendant is not the fraud of insurance proceeds; and (d) each of the instant offenses punished by fraud is not the fraud of insurance proceeds; and (e) other circumstances that form the conditions for sentencing indicated in the records, such as the character, character, age, family relationship, motive, background, means and consequence of the offense; and (e) the circumstances after the

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

[However, since Article 70 of the Criminal Act on the Detention in Labor House is obvious in the application of the law of the court below, it shall be corrected to "Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014)".

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