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(영문) 광주지방법원 2019.05.28 2018노2788
보험사기방지특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unreasonable.

2. The circumstance where the judgment defendant recognized all of the crimes of this case is recognized.

However, insurance fraud crimes such as this case not only harm the social functions of insurance companies and encourage moral hazard by abusing the insurance system, but also it is necessary to strictly cope with such insurance fraud crimes as this case.

In the past, the defendant has been punished several times, including the same kind of fraud crime.

There is no change in sentencing conditions that will be newly considered in comparison with the original judgment.

In addition, when comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, such as the amount of the total fraud of the instant case, the age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the crime, the sentence of the lower court is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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