사기등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.
2. Each of the instant crimes is not a good crime in light of the background and method of the crime, the frequency of the crime (total 33 times) and the scale of damage (total 99 million won), etc., in which the Defendant intentionally caused a large number of traffic accidents by obtaining money from an insurance company, etc. under the pretext of agreement, etc.
Such insurance frauds are highly harmful to society, such as the aggravation of the finance of the insurance company, ultimately increasing the burden of the insurance premiums of the general insured, impairing traffic safety, and disturbing the general traffic order, thereby impairing the risk of traffic accidents.
Moreover, damage recovery has not yet been properly implemented.
Considering this point, it is necessary to punish the defendant strictly.
However, when the defendant was in a trial, the defendant recognized all of the crimes of this case, and is against his mistake.
There shall be no record of any other crime except for a set of two-time fines.
The actual profits acquired by the defendant seems to be less than the amount acquired by deceit.
The repayment of approximately KRW 5,940,00 to BD, a victimized company, is also favorable to the defendant.
In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances leading to the crime, and circumstances after the crime, the sentence of the court below is too 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.
【Judgment of multiple times】 The criminal facts and summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.