(영문) 창원지방법원 2016.07.13 2016노896 | 리걸엔진

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(영문) 창원지방법원 2016.07.13 2016노896

사기

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

Although the crime of this case is unnecessary to be hospitalized by the defendant, it is not good that the crime of this case is committed by deceiving the victim a total of about 130 million won between about 4 years and 6 months, and the crime of this case is committed by the victim. Such a crime of insurance fraud requires strict punishment as to the transfer of damage to a good insurance policyholder.

On the other hand, such insurance fraud crime is a favorable circumstance that the insurance company and the hospital that actively attracts false-patient who sold indisrutly duplicate insurance for profits can not be free from its responsibility. The defendant led to the crime of this case in the first instance, which led to the confession of the crime of this case, and is detained for about two months, and is seriously against his fault. The defendant agreed with the victims in the first instance and paid the agreed amount in full, and the victims wanted to be able to keep up with the defendant's wife. The defendant was in violation of the Food Sanitation Act around 1997, and there was no criminal history except that sentenced to a fine of two million won.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and background of committing a crime, means and consequence of a crime, and the circumstances after committing a crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the decision is rendered again as follows (the prosecutor's appeal is without merit, but the prosecutor's appeal is not dismissed as long as the judgment of the court below is reversed due to the defendant's ground for appeal) (the decision which is re

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