Text
The judgment below
Defendant E and F shall be reversed.
Defendant
E Imprisonment with prison labor for six months and for nine months, respectively.
Reasons
1. The summary of the grounds for appeal is unfair that the punishment (for defendant B: 4 months of imprisonment; for defendant E; for 8 months of imprisonment; for defendant F, for 10 months of imprisonment; for 8 months of imprisonment; and for 8 months of imprisonment) declared by the court below against the defendants is too unreasonable.
2. Determination
A. In full view of the facts that Defendant B was a primary offender, the confession of the instant crime, the fact that part of the amount of the money acquired through deception was partially repaid (the reasonable circumstances), the amount of the defraudedation by the Defendant reaches KRW 60,000,000, and most of the amount of damage was not recovered, and the crime in this case is not appropriate as a planned and organized fraud, and the insurance fraud requires strict punishment in that the damage was returned to all the insured (unfavorable circumstances) and all other sentencing factors, such as the Defendant’s age, character and behavior, environment, the background and details of the crime, and circumstances after the crime, etc., the lower court is deemed appropriate.
Therefore, Defendant B’s above assertion is without merit.
B. The judgment of the court below is somewhat significant considering all of the sentencing factors such as the defendant E's confession of the crime of this case, the fact that the defendant deposited some of the victims in the court below, the additional deposit of about KRW 10 million in the court below (contributed circumstances), about KRW 54 million, the amount acquired by the defendant was not recovered in full, the total amount of the damage was not recovered, the crime of this case is planned and organized, the nature of the crime is not good as a planned and organized fraud, the insurance fraud requires severe punishment in that the damage was returned to all the insured (unfavorable circumstances) and other sentencing factors such as the defendant's age, character and behavior, environment, background and contents of the crime, equity in punishment with the co-defendant, circumstances after the crime, etc.
C. Defendant F is the primary offender, the confession of the instant crime, and the deposit of money for some victims at the court below, and deposit additional KRW 20 million in the court below (i.e., reasonable circumstances) and the amount of the Defendant’s defraudation is approximately KRW 100 million.