사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.
2. The judgment of the defendant, 45 times together with the married person or the defendant B, caused property damage to many insurance subscribers by repeatedly committing a traffic accident by causing insurance proceeds, as well as causing property damage to the victims of traffic accidents as well as mental damage; the total amount of damage caused by the crime committed over 8 years by the defendant, exceeds 350 million won; and the defendant repeated the crime despite the fact that there was a history of having been sentenced to a suspended sentence due to the crime of identical insurance, which is disadvantageous to the defendant.
However, it appears that the Defendant recognized all of the instant crimes and divided. The Defendant paid a total of KRW 250 million to the victim or the damaged company by paying damages equivalent to the total of KRW 250 million prior to the date of the lower judgment, and agreed smoothly with the victim or the damaged company. Even after the lower judgment was rendered, the Defendant’s sentence is somewhat unreasonable, taking into account the following: (a) the Defendant paid a total of KRW 11 million out of the amount of damages; (b) the payment of KRW 800,000 to the Marine Insurance Company on June 4, 2017; (c) the payment of KRW 150,000 on June 15, 2017; (d) the payment of KRW 150,000 to AXA non-life insurance Co., Ltd. on June 15, 2017; and (e) other Defendant’s age, sex and environment; and (e) various conditions of sentencing as indicated in the records and pleadings, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act concerning facts constituting an offense;