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(영문) 부산지방법원 2014.12.05 2014노3592
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case is a matter of obtaining insurance money from a large number of insurance companies by means of pretending to be hospitalized, or over-patienting the necessity of hospitalization after having subscribed to a large number of insurance contracts within a short period of time. The insurance fraud of this case, such as this case, directly causes property damage to the insurance companies that are victims, but as a result, the insurance premium is increased, and the damage is ultimately returned to the large number of good policyholders, so a more severe punishment is required. The crime of this case has been committed repeatedly over a long period of two years, and the crime of this case has been committed in light of the fact that the amount of damage is equivalent to 59,961,898 won, and the crime of this case has a very significant nature of the defendant's crime. Nevertheless, the defendant's efforts to recover damage of the insurance companies, which are victims, is not visible to the defendant.

However, considering the fact that the defendant led to the crime of this case and reflects his mistake in depth, the defendant was punished only once for a drunk driving in 2007, and there was no criminal record for the same kind of crime, the defendant is the most likely to support the children under 12 years of age who are not healthy due to the old-age, cerebral macy, hearing impairment, etc. being suffering from brain-disease disorder, and the medical expenses for insurance premium and self-payment paid by the defendant for the crime of this case, considering the fact that the substantial benefits acquired by the defendant are less than the above acquired amount, and other various circumstances, such as the background of the crime of this case, the form of deception, the age of the defendant, character and conduct of the defendant, environment, family relation, etc., the court below is the defendant.

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