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(영문) 울산지방법원 2016.04.07 2016노285
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is favorable to the defendant that all of the crimes of this case led to the confession and reflect of all of the crimes of this case, the primary crime, the defendant's health status is not good, and some of the fraud money used to pay the insurance premium to the victimized company.

However, the crime of this case is committed by deceiving 524,58,679 won repeatedly by the Defendant over 66 times for a long period of time for the purpose of insurance money, which is not good in light of the criminal law and the amount of defraudation. The insurance fraud, such as the crime of this case, is likely to undermine the purpose of the insurance system, promoting speculative spirit, such as decentralization of reasonable risk, and ultimately, raising insurance premiums, and is in need of strict punishment. Furthermore, it is disadvantageous to the Defendant. Furthermore, the Defendant led the Defendant to commit the crime by allowing the Defendant to buy multiple insurance policies as well as his family members, and preventing the crime, and even though the amount of damage is considerably large, it is not agreed with the victims.

In addition, considering the fact that there is no change in circumstances that vary from the judgment of the court below, and other circumstances, such as the defendant's age, sex, environment, background of the crime in this case, circumstances after the crime, etc., and various circumstances, which are conditions for sentencing as shown in the trial process, the court below's punishment cannot be deemed to be unfair because it is too unreasonable. Thus, the defendant's assertion is without merit.

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

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