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(영문) 서울동부지방법원 2019.04.26 2019노196
사기등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The so-called insurance fraud crime, such as this case, is indirectly inflicting damage on not only the direct victim insurance company, but also many and unspecified policy holders, and in light of the planned and repetitive characteristics of the instant crime, it is necessary to punish the Defendant with severe punishment as it is not good.

However, considering the arguments of this case and the reasons for sentencing indicated in the records, such as the fact that the defendant deposited a considerable amount of money against the damaged insurance companies, and made efforts for the recovery of damage by agreement with a considerable number of damaged insurance companies, and that the defendant has no record of punishment other than the punishment of fines for other types of crimes, the punishment sentenced by the court below is unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Reasons for the judgment in multiple times] Criminal facts and summary of evidence recognized by this court are as follows: "Defendant D" in the last two parallels of the judgment of the court below as "Defendant A"; "Attached List of Crimes" in the last four parallels as "attached Table 1"; and "Defendant D" in the five parallels as "Defendant A" and "Defendant D" in the five parallels as "Defendant A"; thus, it is identical to each corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Articles 8 and 10 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 90 subparagraph 3 of the Passenger Transport Service Act.

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