사기등
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment of one year and three months.
(b)compensation;
1. The summary of the grounds for appeal (Defendant C: Imprisonment of 1 year and 6 months; compensation order of 3,290,000 won; imprisonment of 4 months; suspension of execution of 2 years; observation of protection; community service work 120 hours; compensation order of 5,706,520 won) declared by the court below is too unreasonable.
2. Determination
A. As to Defendant C’s assertion, the insurance fraud crime of this case, such as this case, is a crime that harms the foundation of the insurance system and causes a large number of insurance subscribers to damage, and thus requires strict punishment. In light of the crime in which Defendant C participated and that the sum of the amount acquired by Defendant C’s direct profits is KRW 88 million in total and KRW 46 million in total, and the frequency of the crime and profits acquired by Defendant C are more than other accomplices, there are circumstances unfavorable to the Defendant, such as that the degree of Defendant C’s participation in the crime of this case is more serious than that of other accomplices. Meanwhile, Defendant C recognized the facts charged of this case. Defendant C agreed to pay KRW 3,360,00 to the Fire Insurance Co., Ltd. of the victim interesting country, Defendant C did not have the same kind of criminal conviction or criminal punishment, and all of the conditions of sentencing recorded in the records and arguments in this case, such as Defendant C’s character and behavior, etc., and thus, Defendant C’s assertion is reasonable.
B. Although there are favorable circumstances, such as the fact that Defendant G recognized the instant facts charged, the fact that Defendant G did not have any criminal record exceeding the same kind or fine, and the degree of Defendant G’s participation in the crime compared to other accomplices, the instant insurance fraud crime, such as the instant case, is a crime that harms the foundation of the insurance system and causes a large number of good insurance policyholders to return to the victim, and the lower court did not agree with the victims.