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(영문) 의정부지방법원 2013.08.23 2013노904
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The fact that the defendant, who is judged, recognized all of his crimes from the investigative agency to the court, is the sentencing data favorable to the defendant.

However, this case does not seem to be a case where the defendant reported an insurance accident in collusion with others and actually received the insurance money. Such act is an act that may inflict damage on the majority of the good subscribers, and it is necessary to punish them. The damage recovery for the total amount of fraud is not performed. In addition, considering comprehensively all sentencing factors specified in the argument of this case including the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, circumstance after the crime, etc., the sentence of the court below is not deemed to be too unreasonable. Thus, the defendant's argument in the grounds for appeal is without merit.

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

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