A defendant shall be punished by imprisonment for a period of five months.

2. The insurance fraud is a good type of crime in that it exceeds a good other insurance subscribers’ damage and impairs the social trust in the insurance.

This case is not a simple property crime but a serious crime that may inflict harm on the life and body of the other party driver, etc. because the defendant intentionally received a vehicle violating laws and regulations and caused an accident.

Even if the other party did not have any particular injury, it is found that there was no risk that the other party's driver might flick or lead to a large-scale accident.

It shall not be readily concluded.

On the other hand, the Defendant agreed to pay KRW 4,368,00 for the victim Samsung Fire Insurance and KRW 3,138,770 for each month, and to pay KRW 300,000 for each month. ② The Defendant agreed to pay KRW 4,90,000 for the victim KB Non-Life Insurance and paid KRW 4,90,000 to the Defendant. ③ The Defendant agreed to pay KRW 6,90,00 for the victim Han Commercial and KRW 4,723,590 for the remainder of KRW 4,00 for each month. ④ The Defendant paid KRW 12,100,000 for the victims’ fire insurance.

The defendant is the first offender.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, as well as facts constituting an offense.