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(영문) 광주지방법원 2013.05.29 2013노717
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The defendant recognized his mistake in this Court, and the fact that all of the insurance contracts of this case are terminated is favorable.

On the other hand, the crime of insurance fraud in this case, such as this case, requires strict punishment due to severe social harm, such as transfer of economic damage to a large number of general insurance policyholders, and there are no cases such as the fact that the sum of insurance proceeds acquired through false admission of the defendant seven times in total and 110 times is about KRW 116,00,000, etc., and that there is no measures to recover damage to the victim insurance companies, and that there is no record of punishment for fraud.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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