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(영문) 전주지방법원 2016.09.30 2016노942
사기
Text

Defendant

All A and prosecutor appeals are dismissed.

Defendant

C The Claimant life insurance Co., Ltd.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the prosecutor’s Defendants (Defendant A: imprisonment of one year, Defendant B, and D: imprisonment of eight months, suspension of execution of two years, etc., Defendant C: imprisonment of six months, suspension of execution of one year, etc., etc.) is deemed to be too uneasible and unfair.

B. The lower court’s sentence against Defendant A is too unreasonable.

2. The crime of this case is determined by the following facts: (a) Defendant A committed the crime of this case under the name of insurance money from the victim insurance companies by means of hospitalization, etc. for more than the period of hospitalization necessary for medical treatment or treatment that does not require hospitalization; (b) Defendant B committed the crime of this case under the name of KRW 13,00,000,000 in total; (c) Defendant C was a total of KRW 6,000,000 in total; and (d) Defendant D committed the crime of insurance fraud with a total of KRW 7,00,000 in total by delivery; and (c) the crime of insurance fraud is ultimately committed with the increase of insurance premiums, thereby causing damage to the majority of insurance contractors and causing similar crimes using moral hazard; and (d) Defendant A committed the crime of this case without being aware of the history of criminal punishment three times prior to the occurrence of the same crime; and (d) Defendant A led the crime of this case without being able to recover from damage to the victims; and (e) Defendant A did not reach an unfavorable condition.

On the other hand, Defendant C had no record of criminal punishment before, Defendant B and D had no record of criminal punishment for the same crime before, Defendant B had no record of criminal punishment for the same crime, Defendant B’s health status is not good due to physical disability 3, the Defendants did not receive hospital treatment without any illness at all, but did not receive hospital treatment, and they actually received some medical treatment.

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