사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (six months of imprisonment) is too unreasonable.
2. We examine the judgment. The insurance fraud crime of this case, such as this case, is a crime that harms the foundation of the insurance system and causes damage to a large number of good insurance subscribers, and thus requires strict punishment, and the degree of the Defendants' participation in the crime of this case is more serious than other accomplices. However, there are circumstances unfavorable to the defendants, such as the defendants' all of the facts charged of this case. Meanwhile, the defendants recognized and reflects all of the facts charged of this case, the defendants paid the entire amount of damage and agreed with the victim as a whole, and they did not have any criminal record exceeding the same kind or fine, all of the defendants did not have any criminal record, the defendants were bound by the crime of this case, and were detained for about three months, and other circumstances revealed in the records and arguments such as the age, behavior, environment, etc. of the defendants. Thus, the defendants' assertion is unfair because the court below's punishment against the defendants is too excessive.
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 defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 (the fraud point) of the Criminal Act; Articles 352, 347(1), and 30 (the attempted fraud point) of the Criminal Act; Articles 352, 347(1), and 30 (the attempted fraud) of the Criminal Act; and the choice of imprisonment,
1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;
1. Defendants on probation: Article 62(1) of the Criminal Act