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(영문) 전주지방법원 2015.11.27 2015노1103
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendants A and B, 1 year and 6 months of imprisonment, 2 years of suspended sentence, 10 months of imprisonment, 2 years of suspended sentence, 1 year of imprisonment, 1 year of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence) of the court below is too unreasonable.

2. The judgment of the Defendants led to the confession of the crime of this case and reflects the mistake, Defendant A deposited an amount equivalent to KRW 34 million for the victimized company, Defendant B deposited an amount equivalent to KRW 10 million for the victimized company, Defendant C did not have any profit acquired from the crime of this case, Defendant E agreed with the victim Dong Fire and Marine Insurance Co., Ltd., LIG damage insurance Co., Ltd., and deposited KRW 470,00 for the victim Samsung Fire and Marine Insurance Co., Ltd., and Defendant A and C deposited an amount of KRW 470,000 for the victim Samsung Fire and Marine Insurance Co., Ltd., and Defendant B did not have any power of criminal punishment for the same crime since 2008.

However, the crime of this case is deemed to have committed an intentional inundation of external vehicles by the Defendants, and acquired insurance proceeds from the victim insurance companies, and the crime is inferior in light of the method, frequency, and degree of damage of the crime, insurance fraud need to be strictly punished by committing the crime of causing the final damage to a large number of good policyholders. Defendant E has the record of being subject to four times or more due to the crime of fraud, and other various sentencing conditions indicated in the argument of this case, such as the age, character, behavior, family environment, etc. of the Defendants, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendants' arguments are not accepted.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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