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(영문) 창원지방법원 2016.06.30 2015노3089
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, two years of probation, observation of protection, and one hundred and sixty hours of community service in one year) is deemed to be too uneasy and unfair.

2. We examine the judgment, the fact that the defendant committed the crime repeatedly over 23 years, and the total amount of defraudation reaches about 87 million won, insurance fraud is a reason for imposing unfavorable punishment because it has a significant social harm, such as giving a large number of good general insurance policyholders an economic damage, and thus, it is necessary to strictly punish it. The fact that the defendant is against the defendant's confession of the crime, the victim Han Lan Non-Life Insurance Co., Ltd., Ltd., Hyundai Sea Commercial Reinsurance Co., Ltd., Marine Fire Insurance Co., Ltd., Ltd., Marine Insurance Co., Ltd., Ltd., and the fact that the defendant agreed with the defendant without the same criminal record, is a favorable reason for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

3. In conclusion, 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.

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