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(영문) 서울남부지방법원 2014.06.13 2014노283
사기등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and four months.

Defendant

B.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (2 years of imprisonment and 1 year and 8 months of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case as to Defendant B’s assertion is a case of deceiving the Korea Labor Welfare Corporation and the insurance company, thereby causing damage to a large amount of insurance money, which eventually leads to a large number of good people. Therefore, the nature of the crime is not very good.

In addition, considering the various circumstances, including Defendant B’s age, character and conduct, and environment, which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, it seems that Defendant B led the instant fraud, and the amount of defraudation by the instant crime is considerable to KRW 180,000,000,000, and did not make any effort to recover from damage until the trial is held, the sentence imposed by the court below is too unreasonable.

B. In light of the motive and background leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and other various conditions of sentencing indicated in the record, such as the following: (a) Defendant B planned the instant crime of fraud and led the implementation process; (b) Defendant C took part in the instant crime; (c) Defendant C took part in the instant crime of fraud; and (d) Defendant C was aware of his criminal act in the first instance trial; and (c) Defendant C did not have any penal power, etc., the sentence of the lower court is too unreasonable.

3. The appeal by Defendant B is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by Defendant C is without merit. Since the appeal by Defendant C is with merit, pursuant to Article 364(6) of the Criminal Procedure Act, part of the judgment below against Defendant C shall be reversed and the decision shall be

Criminal facts

Criminal facts against Defendant C, which are acknowledged as a party member of the summary of evidence and evidence.

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