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(영문) 의정부지방법원 2016.01.08 2015노1941
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the lower court on the Defendant is excessively unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized the facts of the offense; (b) the Defendant did not have the same criminal record; (c) there was no history of punishment exceeding the fine; and (d) the nine co-owners, including the Defendant, deposited KRW 5 million in the victim Bar Association Co., Ltd.; and (b) the Defendant paid approximately KRW 1 million in the victim Hyundai Marine Insurance Co., Ltd.; and (c) some damage recovery was realized in favor of the Defendant.

However, in the meantime, the insurance fraud crime of this case, like this, is subject to a large number of good general insurance policyholders, and there is a need for strict punishment since it harms the basis of the insurance system, and has not yet been recovered from full damage by agreement with the victims, and the court below seems to have sentenced to a fine of KRW 4 million by reducing part of the summary order amount (five million won) in consideration of the circumstances favorable to the defendant, and there is no special change in circumstances that may reduce the sentence of the court below in the first instance court, and in light of other various circumstances, including the defendant's age, occupation, sex, sex, intelligence and environment, motive, means and consequence of the crime of this case, degree of actual acquired criminal proceeds, circumstances after the crime, family relations, criminal records and economic circumstances, etc., it is not recognized that the sentence of the court below imposed on the defendant is unfair because it is proper and excessive. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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