사기
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant C shall be punished by imprisonment with prison labor of ten months.
except that this shall not apply.
1. The summary of the reasons for appeal is that the respective punishment of the court below (one year and six months of imprisonment, and ten months of imprisonment) is too unreasonable;
2. Determination
A. The determination of Defendant A’s assertion that the act of insurance fraud, such as this case, requires strict punishment due to severe social harm, such as transfer of economic damage to many general policyholders, etc. The insurance proceeds acquired during the three-year period, which is about KRW 159 million, is a large amount of KRW 15.9 million, is disadvantageous or unfavorable. On the other hand, Defendant A’s mistake is recognized, there is no identical criminal record, part of the insurance purchased by Defendant A is terminated, and there is a need for certain hospitalization due to mination and high blood pressure, etc. At the lower court’s judgment, 200,00 won is paid to the victim interesting fire Maritime Insurance Co., Ltd., and 4 million won is paid to the victim Hansung Insurance Co., Ltd., Ltd., and 400,000 won is more than 12,834,258 won, and 400,000 won is more favorable to the victim’s injury insurance Co., Ltd., Ltd., Ltd., and the victim’s statement and reasons for the Defendant 10000.
B. The Defendant C’s assertion of the instant insurance fraud crime, such as the instant case, requires strict punishment due to severe social harm, such as the transfer of economic damage to many general subscribers, etc., and the fact that the insurance proceeds obtained by deception during a period of about four years are the maximum amount of KRW 83 million, is disadvantageous.