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(영문) 대구지방법원 2012.11.16 2012노2464
사기
Text

All of the appeals filed by the prosecutor and the defendant C are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (two years of suspended execution in one year of imprisonment, and one year of imprisonment in one year of imprisonment) sentenced by the court below to the Defendants is too unfasible and unfair.

B. The punishment sentenced by the lower court to Defendant C is too unreasonable.

2. We also examine the judgment prosecutor and Defendant C’s respective arguments.

The crime of this case is a case in which the defendants acquired money by deceiving the victim company through the method of insurance premium payment by abusing a performance fee equivalent to 700 to 800% of the monthly insurance premium when the defendants entered into an insurance contract. It is a large amount of damage caused by deception exceeding 20 million won by sharing the role of the defendants and planning the crime in advance, and committing the crime in a systematic and professional manner. In particular, the defendants C led the crime, while the defendants led the crime, the defendants led the crime, and reflects the mistake, the actual amount of damage caused by the victim's deduction of the insurance premium, etc., the victim's recovery of part of the damage, the victim's intent that the victim does not want to be punished against the defendants, the defendant A was relatively low in participation compared to other accomplices, there was no record of criminal punishment, the defendant C also did not have any advantage of fraud, the records and circumstances of the crime of this case, and the circumstances of the crime of this case, as well as the records and circumstances of the crime of this case, are too unfair or unfair.

Therefore, prosecutor's and defendant C's assertion are without merit.

3. As such, the appeal by the prosecutor and the defendant C is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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