A defendant shall be punished by imprisonment for six months.

2. The insurance fraud crime is a crime that undermines the foundation of the insurance system and causes damage to a large number of good insurance subscribers, and thus is highly malicious in society. The total amount of the instant fraud is relatively large.

In 2015, the Defendant was punished for committing the same type of insurance fraud.

On the other hand, the defendant reflects his mistake, and the member who has made a substantial part of the amount of fraud and the insurance contractor's receipt, and the defendant's personal profit does not reach his own profit.

Of the co-offenders who are the policyholders of insurance, E, L, Q, M, P, and I repaid the full amount of the money obtained by deceit, and J also repaid some of the money, and it was confirmed in the first instance that the damage of 36 million won out of the total amount of the money acquired was recovered.

There is no record that the defendant has been punished more severe than the fine.

In addition, considering all of the sentencing conditions, such as the defendant's age, sex, environment, etc., the sentence of the court below against the defendant is too unreasonable.

The defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the judgment of the court below is as shown in the corresponding column.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;