The part against the Defendants is reversed.

Defendant

A As to the crime of fraud in the judgment of the court below.

A. Defendant A1) It is improper for the lower court to recognize the part of the lower court’s violation of the Special Act on Insurance Fraud Prevention against the Defendant as a repeated offense.2) The respective punishment (one year and two months of imprisonment with labor for fraud and four months of imprisonment with labor for the violation of the Special Act on Insurance Fraud Prevention) sentenced by the lower court is too unreasonable.

B. Defendant B’s imprisonment (one year and six months of imprisonment) sentenced by the lower court is too unreasonable.

2. Judgment on Defendant A’s assertion of misapprehension of the legal principle

A. For a repeated crime under Article 35 of the Criminal Act, punishment of imprisonment without prison labor or a heavier punishment should be imposed again within three years after the execution of such punishment is completed or exempted. In such cases, whether a person has committed a crime heavier than imprisonment without prison labor or a heavier punishment should be determined based on whether the person has committed such crime

(See Supreme Court en banc Decision 2005Do9858 Decided April 7, 2006). B.

Judgment

Article 8 of the Special Act on Insurance Fraud Prevention applicable to this part of the facts charged against the defendant provides that "a person who acquires insurance proceeds by a fraudulent act or has a third party acquire insurance proceeds" shall be punished, and Article 2 subparagraph 1 of the same Act provides that "insurance fraud" means a person who claims insurance proceeds by deceiving an insurer with respect to the occurrence, cause, or content of an insurance accident." In full view of this, there is commencement of the principal crime by claiming insurance proceeds with the intention of deception.

This part of the facts charged is that the defendant claims insurance money by deceiving the victim on three occasions on March 13, 2017, and there was commencement of the enforcement of the Special Act on Insurance Fraud when claiming insurance money, which is within three years from March 8, 2017 when the defendant completed the execution of punishment, such as the statement of criminal records against the defendant in the judgment below.