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(영문) 수원지방법원 2016.07.14 2016노3047
사기등
Text

The judgment below

Among them, the part against Defendant U shall be reversed.

Defendant

U shall be punished by a fine of KRW 1,500,000.

Defendant .

Reasons

1. Summary of the defendants' grounds for appeal (unfair sentencing)

A. In light of the fact that Defendant A’s mistake is against the Defendant, and that the Defendant committed the instant crime while living alone while living alone, and that the actual gains from the instant crime are not significant, the sentence of the lower court that sentenced two years of imprisonment is too unreasonable.

B. In light of the fact that Defendant B’s mistake is against the Defendant, and the actual gains from the instant crime are not significant, and that the Defendant reimburses KRW 38,228,030 out of the total amount of damage, and that the Defendant’s wife is detained to support his wife as his wife is suffering from economic difficulties, the sentence of the lower court that sentenced Defendant B to imprisonment for a period of one year and six months is too unreasonable.

(c)

Defendant

C) In light of the fact that the Defendant’s mistake reflects the victim’s mistake, the victim’s damage reinsurance Co., Ltd., malicious life insurance Co., Ltd., the more cases non-life insurance Co., Ltd., the defendant’s age and age of the defendant, the KB non-life insurance Co., Ltd., the KB non-life insurance Co., Ltd., the damage compensation amount of KRW 3,000,000, out of the damage amount suffered by the victim’s fire and marine insurance Co., Ltd., the defendant compensated the victim for KRW 3,00,000, out of the damage amount suffered by the non-life insurance Co., Ltd., the victim compensated for KRW 12,050,690, and expressed that the victim would not want to be punished by the defendant. In light of the fact that the defendant did not have any power to have actually acquired profits from the crime of this case, and there was no history of punishment exceeding the fine, the sentence of imprisonment for one year and six months is unreasonable.

(d)

Defendant

H, M, R, and T Defendant H each amount of fine of KRW 3,00,000,00, Defendant M, R, and T each amount of fine of KRW 2,00,000.

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