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(영문) 부산지방법원 2013.12.19 2013노3158
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

As to the sentencing of the court below (10 months of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the above, it is necessary to strictly punish the crime of this case as a serious social harm because the defendant purchases a number of insurance policies around January 2009, and immediately after being hospitalized about 15 times from around February 14, 2009 to January 12, 2012 without necessity, and take into account the following facts: (a) the defendant was able to receive approximately 6,6 million won from six insurers, and the crime was committed in depth; (b) the defendant has no record of being punished as an insurance fraud; (c) the circumstances favorable to the defendant, such as the fact that the defendant has no record of being punished as an insurance fraud; and (d) the crime of this case has not been avoided from the court below to the trial; and (d) the defendant did not recover to the victim at all until the trial; and (e) the defendant did not have any unfavorable motive and circumstance that the defendant did not reach an agreement on the crime of this case; and (e) the defendant did not appear to have been sentenced to the punishment of this case, including the motive and circumstances of this case.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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