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(영문) 부산지방법원 2018.11.21 2018노2840
보험사기방지특별법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too heavy (10 months of imprisonment, 8 months of imprisonment, 6 million won of fine, and 3 million won of fine).

2. The defendants recognized all of the crimes of this case, and the defendant E seems to have no profits from which they actually acquired.

Defendant

B and the victim of the crime he participated, and the defendant D and the victim AF corporation and their directly received the defrauded and agreed to do so.

(1) However, each of the instant crimes committed by the Defendants, in collusion with accomplices, is not in compliance with the method or content of committing the crime, and such insurance fraud constitutes a crime that may cause serious social harm that may pose a threat to the foundation of the insurance system on the part of multiple policyholders.

② Defendant A and B are heavily involved in each of the crimes in this case.

3. In the case of Defendant A, the victims have not been agreed upon.

④ In the case of Defendant B, some of the crimes of this case committed during the period of repeated crime resulting from the crime of this kind.

In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendants’ age character and character environment; (b) the motive and consequence of the commission of the crime; and (c) the circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds for appeal, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 11Da15, Feb. 20, 2015).

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