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(영문) 부산지방법원 2013.03.29 2012노3303
사기
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal by the Defendants is that the punishment of the lower judgment against the Defendants (the fine of KRW 1.5 million per 1.5 million) is too unreasonable.

In light of the above, although there are favorable circumstances, such as the fact that the Defendants repaid the amount of damage and agreed with the victims, the Defendants’ agreement is against their own mistake, the criminal acts of this case are not good and the amount of fraud is not stated. The insurance fraud crime of this case, such as this case, has inherent moral hazard in the motive, and there is a need to strictly punish the Defendants as it constitutes a serious crime causing unnecessary social costs, such as causing damage to the insurance company as well as to the good subscribers, and taking into account all the sentencing factors indicated in the records and arguments of this case, the lower judgment’s punishment against the Defendants is deemed appropriate, and therefore, the Defendants’ assertion is without merit.

Therefore, the defendants' appeal is without merit, and all of the appeals are dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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