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(영문) 광주지방법원 2018.06.21 2017노3537
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant's crime is not easy in that it obtains illegal profits by making use of insurance company's weak points in the management of insurance contracts, which undermines the purpose of the insurance system, such as rational diversification of risks, and is likely to transfer damage to a large number of good insurers.

The criminal act of the defendant has been repeated over a considerable period of time and the amount of fraud is about 14,1630,000 won.

On the other hand, the following conditions are favorable.

It was necessary for the defendant to have certain extent hospitalized treatment.

Since the Health Insurance Review Institute shows that the total number of days of hospitalization of the defendant was 147 days out of 379 days of hospitalization.

It is necessary to consider the insurance money that the defendant could reasonably receive when evaluating the profit actually acquired from the crime and the medical expenses (such as the principal's charge, etc.) paid by the defendant.

The defendant's crime was committed before the conclusion of the insurance contract or before the payment of the insurance proceeds, because the insurance company neglected to conduct the examination before the conclusion of the insurance contract and took advantage of the business behavior of the insurance company dealing only with attracting the subscriber, and the insurance company is also responsible

assessment may be conducted.

The Defendant, as an initial offender without any previous conviction, made a mistake in the course of making a confession of a crime, terminated most of the insurance contracts after the instant case, and made an agreement by paying the amount of damage to eight companies among the victim insurance companies, and paid part of the amount of damage to one company.

In addition, the circumstances of the instant crime, the circumstances after the instant crime, the age of the Defendant, sexual conduct, environment, etc., as shown in the pleadings of the instant case, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (a period of eight months to four years) (the scope of the recommended sentence) [the scope of the recommended sentence] general fraud.

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