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전주지방법원 2019.07.24 2019노624

사기등

Text

The defendant's appeal is dismissed.

The judgment below

The defendant C of the first order shall be corrected to "Defendant A".

Reasons

The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too unreasonable.

Judgment

The defendant has divided his wrongs and reflects his depth.

A defendant shall not be subject to criminal punishment exceeding the same kind of and fine.

The crime of this case committed in order to raise living expenses, etc. while bringing two children to economic difficulties after the defendant divorced from her husband, and there are some parts to be considered in the motive of the crime.

However, the Defendant, in collusion with F, acquired insurance money of approximately KRW 10 million in total from the insurance company under the name of compensation for damage by reporting false insurance accidents to the insurance company without any traffic accident or any traffic accident.

Such insurance fraud crime is necessary not only to harm the social function of insurance and to encourage moral hazard by abusing the insurance system, but also to impose severe punishment on a good number of subscribers.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is groundless. It is so decided as per Disposition.

[However, since it is obvious that the "Defendant C" in the first sentence of the judgment below is a clerical error in the defendant A, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure]