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(영문) 광주지방법원 2014.09.24 2014노643
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ respective sentences (two years of suspended sentence and eight hours of community service order in October, Defendant C: one year of suspended sentence and two years of suspended sentence and eight hours of community service order in one year of imprisonment) are too unreasonable.

B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.

2. Determination

A. The judgment on the assertion against Defendant A and the prosecutor on the crime of insurance fraud as in this case requires strict punishment due to severe social harm, such as the transfer of economic damage to a large number of general consumers, etc., the insurance proceeds acquired through deception for a period of about two years are the large amount of KRW 71 million, the damage recovery was not made at all, and the victims did not agree with the victims. On the other hand, Defendant A acknowledged his mistake in this court, and there was no previous conviction, and there is no need for some hospitalization, and there is no need for some hospitalization, and it is not appropriate to carry out community service order at least 16 weeks of pregnancy. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of Defendant A, character, and environment, etc., the court below's punishment is deemed unreasonable. Thus, the prosecutor's assertion against Defendant A is justified, and the prosecutor's assertion against Defendant A is without merit.

B. As to the Defendant B’s assertion on the Defendant B by the Prosecutor, the lower court recognized the Defendant’s mistake in this court, and there is no previous conviction in the same kind, and there is a need for certain hospitalization, etc. are favorable circumstances.

On the other hand, insurance fraud crimes, such as this case, require strict punishment due to severe social harm, such as transfer of economic damage to many general subscribers, and insurance money acquired through deception for about 2 years, is about 83 million won.

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