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(영문) 서울서부지방법원 2015.09.03 2015노950
사기
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment of not guilty as to the fraud of the Nos. 2, 5, and 15 Nos. 2, 5, and 15 as indicated in the judgment of the lower court, and convicted only the remainder of fraud.

However, since only the Defendant appealed the part of the judgment of the court below, and the prosecutor did not appeal the part of the acquittal, the part of the judgment of the court below is separately finalized, and only the remaining part of the conviction is the object of this court

2. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

3. Each of the crimes of this case, even though the defendant did not have any particular injury due to a traffic accident, it is necessary to strictly punish the defendant for a serious crime that is serious to impose the burden on sincere general subscribers and to increase social expenses by inducing moral hazard, which is committed by deceiving the insurance company by deceiving the defendant into the hospital under the pretext of agreement. In particular, even though the defendant should safely operate the bus as an urban bus article, it is not good to say that a considerable number of the crimes of this case are caused intentionally, and that there is a large number of insurance companies that are victims, and that the amount of fraud or the number of crimes is not many.

However, the fact that the defendant has been detained for not less than one month and has reflective time is favorable to the defendant that he recognized all of the crimes and deposited the total amount of damage with his depth divided, that the defendant has no criminal record of having been punished by the same criminal record or suspended sentence, and that the defendant has been detained for not less than one month.

In addition, taking into account the motive and background of the crime, means and consequence thereof, the circumstances after the crime, the age, career, character and conduct, environment, health status, family relationship, etc. of the defendant, and various sentencing conditions as shown in the arguments.

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