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(영문) 창원지방법원 2014.02.07 2013노2314
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced to the defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant recognized the instant crime; (b) the defendant has no criminal history; and (c) the fact that there are children who should care for the defendant.

However, the crime of this case is likely to be criticized in light of the fact that the defendant, an insurance solicitor, obtained insurance termination refund or terms and conditions loans of many policyholders, and the defendant uses information of customers who have subscribed to insurance, and uses a method of forging an insurance-related application under the name of customers.

Considering the fact that the acquired amount of money by a criminal defendant is not substantial, there is no evidence to see that the criminal defendant has recovered even some damage, equity with the criminal punishment for other crimes similar to the crime of this case, and all other sentencing conditions as shown in the argument of this case, such as the age, home environment of the criminal defendant, and the circumstances before and after the crime, it is difficult to deem that the sentence of the court below

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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