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(영문) 부산지방법원 2017.01.13 2016노4108
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a year.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the crime of this case was committed on the part of the victim, the Defendant acquired 77,565,256 won in total from the non-life insurance company, and acquired 25,788,020 won in total from the victim's commercial reinsurance company in the modern sea, and acquired 102,66,185 won in total from the victim's Samsung Life Insurance Co., Ltd., and attempted to acquire 102,66,185 won in total from the victim's commercial reinsurance company, and part of the crime was committed through the multi-site decision to obtain cambling, in light of the criminal law and content, etc., the crime was considerably poor; the insurance fraud is a serious crime that imposes a burden on the bona fide general insurance subscribers and increases social costs, and thus, it is highly necessary to punish the Defendant with severe liability corresponding thereto.

I see that it is.

However, in full view of the following factors: (a) the Defendant made confession of all the instant crimes and reflects his mistake in depth; (b) the victims want to take the Defendant’s wife by mutual agreement with all the victims at the time of the trial; (c) the Defendant’s primary offender who has no criminal history; and (d) other various conditions of sentencing as indicated in the instant pleadings, such as equity in sentencing with the same and similar incidents; (d) the Defendant’s age, sex, sexual conduct, environment, motive and circumstance of the crime; and (e) other conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the crime, it is deemed unfair for the Defendant to be sentenced by the lower court.

Therefore, the defendant's above assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as follows. The summary of the facts charged and the evidence is as follows. The summary of the judgment below is as follows.

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