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(영문) 광주지방법원 2020.10.21 2019노2421
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of suspended execution for one year of imprisonment, two years of probation, two hours of community service, 240 hours) of the lower court is too unreasonable;

2. The Defendant shows an attitude to recognize and reflect his criminal act at the latest.

There is no criminal record against the defendant for the same crime.

The victim M&C was decided to give up the right to claim the return of insurance money against the defendant in civil procedure and terminate the insurance contract.

Even for victims who continue insurance proceeds without thorough examination even though they are insurance companies, they are partly responsible for the expansion of damage, and in the absence of medical institutions that continued to be hospitalized for a long time for their own interest, the crime of this case was impossible.

The Defendant does not seem to have completely maintained his/her symptoms because it is not good in reality.

On the other hand, the so-called "insurance fraud" crime, such as the instant case, is a bad thing in that it leads a large number of good insurance policyholders to economic damage, impairs the general trust in the insurance system, and increases social costs, thereby harming the foundation of the insurance system.

The instant crime was committed repeatedly over 65 times in total for about nine years, and the amount of damage was about 62 million won.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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