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(영문) 대구지방법원 2020.09.09 2020노1885
보험사기방지특별법위반등
Text

The judgment below

Part concerning Defendant A, B, and D among them shall be reversed.

Defendant

A, Defendant B, in one and half years of imprisonment, and Defendant B.

Reasons

1. The summary of the grounds for appeal (for defendant A, 3 years and 2 months of imprisonment, 1 year and 2 months of imprisonment, and 10 months of imprisonment) declared by the court below is too unreasonable.

2. Determination

A. Insurance frauds committed against Defendant A are causing serious moral hazard and unnecessary social costs, and the purpose of the insurance system, which is likely to undermine reasonable diversification of risks, and Defendant A, in collusion with accomplices, shall be sentenced to punishment against Defendant A in light of the frequency of each of the crimes in this case, method of crime, amount of damage, degree of damage recovery, etc., as a person who has led to the criminal act of defrauding insurance proceeds exceeding KRW 223 million by intentionally inducing traffic accidents by means of agreement, treatment expenses, vehicle repair expenses, etc.

However, the fact that Defendant A acknowledges all of the instant crimes and reflects, the victim insurance companies whose damage was recovered due to the recovery of considerable damage inflicted by the victim insurance companies in the first instance, and the victim victim DC did not want the punishment of Defendant A at the investigative agency. Defendant A paid KRW 10,000 to the victim DC for the agreed deposit, and Defendant A did not have any record of punishment for fraud, as well as other sentencing conditions that are different from the instant records and arguments, such as Defendant A’s environment, family relations, motive and background of the crime, and circumstances after the crime, etc., are inappropriate.

B. Defendant B and D recognize all of the instant crimes against Defendant B and D.

In the first instance, the victim insurance companies who were recovered from the damage due to considerable recovery of the victim insurance companies, expressed their intention that they do not want to be punished by Defendant B and D.

In addition, Defendant B and D’s family members, who were the first generation of society, are the above Defendants.

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