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(영문) 수원지방법원 2016.07.15 2016노3093
사기
Text

The judgment below

Of them, the part on Defendant H is reversed.

Defendant

H A person shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant D, E, F, and H: The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. Prosecutor: The lower court’s sentence against Defendant B and G (each of 4 months of imprisonment, 1 year of suspended sentence) is too unhued and unreasonable.

2. Defendant D, E, and F committed a crime in response to the solicitation of A who was jointly accused by the court below's decision, the fact that A acquired part of the amount acquired by deceit, the fact that A is against the depth of the crime, Defendant D, and F did not have any criminal record, and Defendant E does not have any criminal record for the same kind of crime.

However, since the insurance fraud crime committed by the above Defendants is not only to unfairly increase the financial burden of a large number of good insurance subscribers, but also to impair the trust of the general public on the insurance system, there is a need to strictly punish it, the amount of fraud is large, not to return the money by fraud, and the victims are punished for the above Defendants.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, sexual conduct, environment, etc. of the above Defendants, and all the sentencing conditions indicated in the previous theories, the sentence of the court below is too unreasonable.

Therefore, the above defendants' argument of sentencing is without merit.

3. The insurance fraud crime committed by Defendant H with a judgment on Defendant H is an unfavorable circumstance that not only unfairly increases the economic burden of a large number of good insurance subscribers, but also undermines the trust of the general public on the insurance system. Therefore, there is a need to strictly punish the insurance system, and that the amount of fraud is not much much.

However, a joint defendant of the court below committed a crime in response to A's solicitation, A acquired part of the acquired amount, and returned all of the acquired amount to KB non-life insurance to the victim in the first instance, and returned a considerable portion of the acquired amount to the other victims, and the victims were punished by Defendant H.

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