2. Prior to the instant case, the Defendant did not have any record of criminal punishment heavier than a fine, and seems to have committed the instant crime due to the lack of economic circumstances at the time. Of the insurance money that the Defendant acquired by committing the instant crime, the amount of KRW 70 million out of the insurance money that the Defendant acquired by committing the instant crime appears to have been used as actual medical expenses, and the fact that his mistake is divided and reflected is favorable to the Defendant.

However, the defendant has been punished by a fine due to the same crime. The crime of this case was committed with the aim of repaying personal debts incurred by gambling, etc. by the defendant who had worked as an insurance designer of the victim Samsungsung Disaster Insurance Co., Ltd. for the purpose of having been punished by a fine. The purpose of the crime of this case is to provide hospital with medical treatment, or to provide medical treatment only with short-term hospital treatment despite the necessity of long-term hospital treatment, the defendant received insurance money from the victim company as the type of the medical treatment expenses and received it for a long-term period of not less than 1,00 days and received it from the victim company in the name of the medical treatment expenses, and it is not good to commit the crime. In the case of so-called "insurance fraud", the crime of this case not only leads to economic damage to a large number of good insurance policyholders, but also harms the basis of the insurance system by impairing the trust of the general public in the insurance system, so it is difficult to view the defendant's excessive punishment.