A. In other words, it is true that the defendant has received advance payment guarantee certificates of KRW 500 million from the Specialized Construction Mutual Aid Association, a victimized company (hereinafter “instant advance payment guarantee certificates”) by pretending to be advance payment about KRW 500 million which the defendant will receive from the original company as an advance payment under the same circumstance as the facts charged in this part of the facts charged.

However, in the case of insurance fraud, the commencement of the execution is recognized at the time of the claim for the payment of insurance money, and the time of the receipt of insurance money. In the case of the advance payment guarantee of this case, the damage company currently contests the claim for the payment of the deposit of the guarantor through civil procedure, and the existence of the obligation to pay the deposit is uncertain.

Therefore, in the case of this case, there is still no commencement of the crime of fraud, or the crime does not reach the number of crimes, or the crime of fraud itself is not established.

Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is erroneous, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misunderstanding of legal principles