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(영문) 창원지방법원 2016.10.19 2016노2099
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the Prosecutor’s respective arguments on unreasonable sentencing.

The fact that the defendant recognizes all of the crimes of this case and reflects the mistake in depth, the profit actually acquired by the defendant is only a part of the total acquired amount, the defendant pays the damaged amount equivalent to the profit he acquired to the victim insurance company and fully agrees with the victim insurance company, and there is a family member to support the defendant.

On the other hand, each of the crimes of this case committed by the defendant in collusion with multiple accomplicess on several occasions, resulting in a traffic accident, and acquired false or excessive insurance proceeds from the victim insurance companies, in light of the method and frequency of the crime, etc., the nature of the crime is not very good, the total amount of damage exceeds KRW 84 million, and the defendant committed each of the crimes of this case during the period of repeated crimes.

In addition, an insurance fraud crime, such as this case, causes serious moral hazard and unnecessary social costs, and thus, the damage therefrom is returned to a good insured, and further, it is necessary to severely punish such an insurance fraud crime as this case.

In addition to the above circumstances, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is deemed unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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