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(영문) 대구지방법원 2015.11.18 2015노4144
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of one million won imposed by the court below is too unreasonable.

2. It is recognized that the Defendant was the first offender without any previous conviction, and that the Defendant repaid the amount of damage in this case and agreed with the victim. Meanwhile, since the insurance fraud crime in this case is a crime that harms the foundation of the insurance system and causes damage to a large number of subscribers, it is necessary to strict punishment. The lower court appears to have determined punishment by fully considering the above favorable circumstances of the Defendant, and there is no special change in circumstances to change the sentence of the lower court after the decision of the lower court was rendered, and there is no other similar case’s sentencing cases, Defendant’s age, character and conduct, environment, family relationship, etc., and considering all the circumstances of sentencing as shown in the records and arguments of this case, it is not recognized that the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit.

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

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