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(영문) 수원지방법원 2016.10.06 2016노5230
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case, the insurance money paid by insurance companies, such as victims modern sea, etc. due to the crime of this case is not wholly acquired by the defendant, the co-offenders partly or partly repaid the money acquired by the victim insurance companies, the defendant has no record of criminal punishment other than fines, and there is no record of criminal punishment other than punishment for the same crime, and the defendant's family members want to take the front action against the defendant, which is favorable to the defendant.

However, the crime of this case is that the defendant intentionally caused a traffic accident by intentionally driving a vehicle in violation of the laws and regulations, pretended to have been injured, and thus, such an insurance fraud crime not only causes damage to a large number of subscribers, but also causes moral hazard, so heavy punishment is needed. The frequency of the crime of this case reaches nine times, and even though the victim insurance companies in the 7th place have paid insurance proceeds exceeding a total of 100 million won, the crime of this case still does not recover from the victim insurance companies, so that the defendant has yet to use high-priced parts to obtain more insurance proceeds in the course of the crime of this case and has mobilized the victim-friendly organizations to commit the crime. The defendant has a history of being subject to criminal punishment to commit the insurance fraud of this case, and other various sentencing conditions such as the defendant's age, character, conduct, environment, and family relationship, it cannot be deemed that the sentencing of the court below is too unfair.

3. Thus, the defendant's appeal is without merit.

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