(영문) 부산지방법원 2016.02.04 2015노4113 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 부산지방법원 2016.02.04 2015노4113

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness due to the existence of alcohol, etc.

B. Sentencing, even if not, the lower court’s sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case’s determination on the assertion of mental and physical weakness, it is recognized that the defendant had a drinking condition at the time of occurrence of each insurance accident.

However, the background, means and method of the instant crime, the Defendant’s speech and attitude prior to and after the instant crime, in particular, was under the influence of alcohol at the stage of receiving money from an insurance company under the pretext of agreement.

Comprehensively taking account of the fact that it is difficult to see that the Defendant had the weak ability to discern things or make decisions due to drinking at the time of each of the instant crimes.

Therefore, the defendant's above assertion cannot be accepted.

B. The following facts are: (a) the Defendant recognized all of the instant crimes; (b) the Defendant reflects his mistake; (c) the Defendant’s recovery of damage; (d) the Defendant has a family to support the Defendant; and (c) the Defendant’s health is not good. However, the insurance fraud, such as the instant crime, is not easy in terms of that it harms the foundation of the insurance system by impairing the purpose of the insurance system, promoting the rational diversification of risks; (d) destroying the contingentness of risks; and causing the sacrifice of many insurance subscribers, thereby impairing the foundation of the insurance system; (c) the Defendant has repeatedly committed the instant crime since 2007; (d) the Defendant had been sentenced to imprisonment in 2013 and has been sentenced to a heavier punishment in 2013; and (e) the Defendant did not reach the judgment of the victims and the victims; and (e) even some of the damage does not seem to have been recovered.

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