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(영문) 의정부지방법원 2018.08.13 2018노1431
사기
Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B The crime of "2289" in the judgment of the court below is committed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendants’ punishment (for 4 months in prison, 10 months in prison, 10 months in prison and 5 months in prison, additional collection, and 10 million won in fines for Defendant C) declared by the lower court is too unreasonable (Defendant B withdrawn the existing assertion of misunderstanding of legal principles on July 19, 2018 at the first trial date).2.

A. It is recognized that Defendant A recognized Defendant A’s mistake and reflects his own fault; Defendant’s direct acquisition profits amount to approximately KRW 5 million in total; Defendant agreed to reimburse the victim’s fire and limited liability insurance; Defendant paid the amount equivalent to the profits he acquired in the victim’s Samsung Fire and KB accident insurance; Defendant’s payment of the amount equivalent to the profits he acquired in the victim’s Samsung Fire and KB accident insurance; Defendant’s concurrent crimes with the victim’s judgment rendered in February 28, 2018 and the latter part of Article 37 of the Criminal Act should be considered at the same time, and there is no history of punishment for the same kind of crime in

However, the crime of this case was committed by intentionally causing a traffic accident against the vehicle, etc. that the defendant is illegal, together with his accomplice, and acquired approximately KRW 31 million in total as insurance money from the victim insurance company. The crime of this case was committed in a planned and organized manner four times in total, and the amount of fraud was also reasonable, and the crime of insurance fraud was committed by impairing the purpose of the insurance system, i.e., the distribution of reasonable risks, and the damage to many insurance subscribers, which may threaten the foundation of the insurance system. It is necessary to punish the crime. The other vehicle operator is physically, property, or mental damage, and the other vehicle operator committed the crime of this case even if he was in the period of repeated crime due to special larceny as stated in the judgment of the court below, and there is no change in other special circumstances or circumstances that can be newly considered in sentencing after the sentence of the court below.

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