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(영문) 수원지방법원 2016.06.09 2015노5532
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the Defendant’s appellate brief (unfair sentencing) reflects the fault of the Defendant; and (b) the Plaintiff’s Hyundai Commercial Reinsurance Co., Ltd. expressed its intention not to punish the Defendant; and (c) is experiencing life due to economic difficulties, the sentence of the lower court imposing a fine of KRW 3,00,000 is too unreasonable.

2. The crime of this case by deceiving the defendant as if the insurance accident occurred with D and R, thereby deceiving 12,350,670 won of insurance money from the Commercial Reinsurance Co., Ltd. in the modern era, which is not good criminal quality, and the victim's compensation is not the defendant but the accomplice's payment. The defendant can have the history of criminal punishment, and the other factors of all the sentencing as shown in the records and arguments of this case, including the defendant's age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., even if considering the circumstances alleged in the grounds of appeal, the court below's punishment is not unfair, and the above assertion is not justified.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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