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(영문) 부산지방법원 2014.02.21 2013노4078
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case requires strict punishment of the defendant in light of the fact that the defendant intentionally caused a traffic accident in order to acquire insurance money after purchasing multiple driver insurance contracts, and that the crime of obtaining insurance money by deceit from the victim insurance companies is grave, and that the crime of intentionally causing an insurance accident like the crime of this case intentionally causes the insurance accident, such as the crime of this case, harms the bona fideness of the insurance, increases the insurance risk rate, thereby deepening the burden of the general public on the insurance premium.

However, in light of the following: (a) the Defendant made confession of all of the instant crimes from the lower court to the lower court; (b) the Defendant deposited KRW 2 million in the name of the victim insurance company in the lower court as a repayment for damages; (c) additionally deposited KRW 5 million in the first instance court; (d) the Defendant was only punished once by a fine; and (e) there was no history of punishment for the same kind of crime; and (e) other various circumstances that are conditions for sentencing as indicated in the records, such as the character, character, environment, age, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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