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(영문) 의정부지방법원 2020.09.16 2020노1146
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a form of punishment) that the court below sentenced against the defendant (e.g., a fine of KRW 500,00 and a fine of KRW 1 year) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant is against the Defendant’s recognition of each of the instant crimes, and Article 2-A of the lower judgment.

Special larceny in the first final and conclusive judgment on the first head of the judgment of the court below which became final and conclusive, and each of the other crimes is in the concurrent relationship between special larceny in the second final and conclusive judgment on the first head of the judgment of the court below which became final and conclusive and the latter part of Article 37 of the Criminal Act, and the equality between the above crimes and the case where each of the above crimes is judged concurrently. The damage of the insurance fraud of this case is recovered in entirety, and the victim insurance companies do not want

However, the crime of the court below 2019Da4927 was committed by the defendant by deceiving the victims for the purpose of raising the Internet gambling fund, and the theft of the motor vehicle kept by the victim C for the purpose of collateral, which is not only poor in the nature of the crime, but also has not been recovered from considerable damage up to the trial. The crime of the court below 2019Kadan4986 is an act detrimental to the general interest of the insured and detrimental to the sound insurance management, and thus, it is necessary to strictize it, and the amount of fraud is also considerable.

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