(영문) 대구지방법원 2017.06.09 2016노3973 | 리걸엔진

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(영문) 대구지방법원 2017.06.09 2016노3973

사기등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (the Defendants’ fines of KRW 2 million) is too unreasonable.

2. The facts that the Defendants led to the confession of each of the crimes of this case, and the amount of damage from each of the crimes of this case committed by each of the Defendants in collusion with accomplice A is not so significant (a total of KRW 3,582,200 in the case of Defendant C, KRW 3,172,700 in the case of Defendant H, KRW 2,902,70 in the case of Defendant I, KRW 3,060 in the case of Defendant J, and KRW 3,060 in the case of Defendant J), which appears to have not led the Defendants to each of the crimes of this case. Defendant C and I did not have the same record, and there was no record of criminal punishment exceeding the fine, Defendant H and J did not have any record of criminal punishment before the crime of this case, and the fact that the Defendants returned the money acquired by the victims of each of the crimes of this case, and agreed only smoothly.

However, insurance fraud obtaining unjust profits by abusing insurance contracts like each of the instant frauds requires strict punishment due to a large amount of social harm caused by the abuse of insurance contracts to a large number of good insurance subscribers, such as harming the foundation of the insurance system, etc. The Defendants conspired with accomplices A in the course of committing the insurance frauds, and there is no special circumstance or change in circumstances that may be newly considered after the judgment of the court below was rendered. There is no equity in punishment with the joint defendants who have been tried at the court below, and other factors such as the defendants’ age, sex behavior, environment, motive, means and consequence of the instant crime, and the circumstances following the crime, etc., the punishment imposed by the court below cannot be deemed unfair by taking into account all of the sentencing conditions as stated in the instant records and the changed theories.

3. Accordingly, the Defendants’ appeal is without merit.

유사 판례

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