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(영문) 인천지방법원 2018.01.11 2017노3828
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant is too unfasible to the punishment (six months of imprisonment with prison labor), and the prosecutor is too unfasible and unfair.

2. The judgment that the defendant recognized the crime of this case and reflected against the insured, the economic profit from the crime of this case seems to have been ultimately reverted to the insured, and in this process, it seems that the economic profit acquired by the defendant is not significant, and the defendant paid KRW 7 million to the victim Samsung Fire Insurance Co., Ltd., 7 million to the victim Samsung Fire Insurance Co., Ltd., and one million won to the victim interesting fire marine insurance Co., Ltd., and there is no criminal history against the defendant, and there is no old parents to support the defendant.

On the other hand, with the knowledge that the crime of this case was not subject to acceptance of self-insurance, the insurance company received repair expenses for self-insurance with the knowledge that the defendant was not subject to acceptance of self-insurance, and the crime is not good in light of the circumstances of the crime and the method of the crime, such as saving vehicles to process insurance by mobilization of business employees, etc., and the frequency and period of the crime, the number of the crime and the period of the crime are considerable, and the damage recovery to the damaged insurance company has not been properly performed until the depth of the crime (it is difficult to view that there is a new circumstance to change the evaluation of the defendant's responsibility for action in light of the size of the amount of fraud, etc.). The insurance fraud crime is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is too heavy.

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