In the case of unfair sentencing: The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.

Judgment

The Defendant is against the judgment of the court below to the trial of the court. The Defendant is against the law by recognizing the instant crime.

It appears that the defendant suffered difficulties in business operation was one of the motives leading to the crime of this case, and there is no record of committing the same crime or the crime exceeding the fine before the crime of this case.

The crime of this case shall be considered in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act before and after the judgment of the court below which became final and conclusive.

These points are favorable to the defendant.

However, even though the amount of damage to the crime of this case exceeds KRW 625 million, there was no agreement with the victim yet, and there was no objective data to recognize that the damage was recovered.

The crime of this case was committed by deceiving the insurance money by taking the appearance as if the contract was actually concluded, and it was not appropriate to commit the crime and caused the risk of causing damage to a large number of subscribers.

The Defendant, who led and planned the instant crime, took part in his employee or the person related to the transaction company as an accomplice while participating in the instant crime, and 8 years and 3 months have passed since the crime was committed.

These points are disadvantageous to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the health unit and the Defendant and the Prosecutor are sentencing.