logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.04.18 2014노210
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance court (one year and six months of imprisonment) is too unreasonable in light of the following: (a) the intent of the grounds for appeal is to maintain a livelihood; and (b) part of the damage insurer and the amount of damage have been repaid and agreed upon at the time of the trial; and (c) the punishment of imprisonment is too unreasonable

2. The judgment was based on the following circumstances: (a) there was a circumstance that the Defendant was placed in a difficult situation due to health deterioration and living conditions as claimed by the Defendant; and (b) the victim lot damage insurance company and Hyundai Marine Fire Insurance Co., Ltd. have reached the trial; (c) however, the insurance fraud crime of this case is abused the vulnerability of the motor vehicle insurance system necessary in modern society; (d) the damage is ultimately a serious issue, such as the transfer to an unspecified number of motor vehicle insurance subscribers; (e) the first instance court, even though the Defendant led and led the Defendant to commit the fraud of this case, issued a punishment that deviate from the lower limit of the sentencing guidelines in consideration of the circumstances favorable to the Defendant; and (e) taking into account the following circumstances, considering the Defendant’s age, character, environment, motive, means and consequence of the crime; and (e) the circumstances surrounding the argument and the records of the instant case, even if all the circumstances favorable to the Defendant are considered as above, the Defendant’s assertion that the Defendant’s punishment should be reversed is unreasonable.

3. Therefore, 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. It is so decided as per Disposition.

arrow