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(영문) 대전지방법원 2015.04.29 2015노599
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant’s confession of the instant crime and reflects his depth on his mistake, and the fact that the Defendant has no criminal power is favorable to the Defendant.

The fact that the amount of defraudation (as approximately KRW 3,2160,00) is not many, repeated crimes were committed over a considerable period of time, insurance fraud, such as the crime in this case, undermines the purpose of the insurance system that covers reasonable diversification of risks, causing the sacrifice of many good subscribers, thereby impairing the foundation of the insurance system, and the damage has not been recovered, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee [the scope of recommending punishment] the aggravated area (within a year and two years and six months) of the aggravated area (within a considerable period of time) of the first category (in the case of a person under a special relationship), the fact that the lowest sentence is imposed on the defendant, which is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, as the “U” in the report column No. 6 of the annexed Table of the judgment below is apparent that it is a clerical error of “V”, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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