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(영문) 광주지방법원 2013.11.15 2013노2050
사기
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The determination of insurance fraud is an offense that undermines the foundation of the insurance system and imposes a heavy burden on the good other insured, and thus requires strict punishment. The crime of this case is disadvantageous to the following: (a) in collusion with a defendant who was in de facto marital relationship in collusion with A to subscribe to 11 insurance companies and 16 insurance products in the name of A; (b) and (c) deceptioning the insurance proceeds by deceiving the insurance company as if he was actually hospitalized even though A did not need to undergo hospitalized treatment; (c) repeated crimes were committed over a long period; (d) the insurance proceeds acquired are the maximum amount of 44,529,353 won in total; and (e) the Defendant committed the instant crime under the lead of the defendant; and (e) the Defendant acquired most profits.

However, in full view of all of the facts that the defendant recognized the crime of this case, there is no criminal record of the defendant, and there is no criminal record exceeding the fine. At the court below, the defendant deposited 4 million won in the future of the Mzz Fire Marine Insurance Co., Ltd., and 2 million won in the future of the Korea Commercial Insurance Co., Ltd., an accomplice, and efforts to recover damage, such as deposit more than 10 million won in the future of the ten insurance companies in the first instance trial, the defendant neglected to support his wife aged 7 years old after the defendant divorced from his wife in around 2007, the defendant's family (patri), and other favorable circumstances such as the fact that the defendant's family members (patri), the defendant's family members (patri) still support the defendant's family members, and other favorable sentencing conditions provided for in Article 51 of the Criminal Act including the defendant's age, character and behavior, family environment, etc., the defendant's assertion is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable.

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