보험사기방지특별법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a period of one year and six months of imprisonment with prison labor, three years of suspended execution, and two years of probation observation) is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the number of times of the instant insurance fraud crimes reaches 13 times and the amount of damage exceeds 76 million won in total, and is not good, and that the nature of the crime and the criminal conduct are not good, and that the amount of the crime was committed under the prior direction with multiple accomplices, and that there is a high possibility of criticism by using the acquired amount as entertainment expenses, and that the crime of acquiring insurance money by intentionally causing a traffic accident is disadvantageous to society, such as increasing the financial burden of the insurance company and ultimately increasing the burden of the insurance premiums of the general insurance subscribers.
However, it is advantageous to the following: (a) the Defendant recognized the instant crime and is against the Defendant; (b) the Defendant was subject to a protective disposition several times; (c) there was no record of criminal punishment other than fines, and there is no other history of criminal punishment; (d) the Defendant’s actual profits from the instant crime are not greater than the amount of deception; (e) the Defendant deposited approximately KRW 2,631,000,000 in total of the total amount of insurance money the Defendant received for the victims; and (e) the Defendant appears to be capable of changing to
The lower court appears to order the observation of protection along with the suspension of the execution of imprisonment, taking into account all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.
In addition, in full view of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, the lower court’s sentencing.