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(영문) 대전지방법원 2015.11.26 2015노3141
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., imprisonment of one year and four months, and fine of three million won, and imprisonment of one year and two months) is unreasonable.

2. It seems that the Defendants were to have led to confession of the facts charged in the instant case and to reflect their mistakes.

However, the crime of this case is not only a very dangerous and malicious crime that causes damage to a large number of policyholders by intentionally inducing a traffic accident by deceiving insurance proceeds, but also a very dangerous and malicious crime that directly causes damage to their body and property. Defendant A does not engage in most of the crimes of this case except the part 1(a) as indicated in the judgment of the court below, while the period of suspension of execution is limited, Defendant A does not participate in each of the crimes of this case; the period and frequency of the Defendants participated in each of the crimes of this case; there are few kinds of damage to the victimized companies; there are no particular data to recognize that there was no agreement with the victimized companies or efforts to recover the damage; the sentencing of the court below is assessed to have exceeded the reasonable limit of discretion; or there are no data newly discovered in the course of the examination of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

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