사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The crime of this case, based on the judgment, was committed against multiple insurers as if it was a serious disease enough to receive long-term hospitalized treatment or outpatient treatment, and as if it were the most serious disease that requires long-term hospitalized treatment. In light of the content of the crime, the crime of this case is heavy. In particular, since such crime is a crime that harms the foundation of the insurance system and causes the damage to many insurance subscribers, it is necessary to eradicate it seriously and eradicate it. It is recognized that the damage of the victimized company has not been recovered properly, and that the defendant has a history of punishment for the same kind of crime, and that the defendant is disadvantageous to the defendant.
However, the defendant's confession of the crime of this case, the victim insurance companies did not closely examine the insured's ability or necessity of insurance policy, double subscription, etc., and unreasonable increase the number of insured parties without thoroughly examining the necessity of hospitalization, and there are circumstances to take into account the circumstances leading to the crime of this case by inducing patients without careful judgment, and by seeking to induce patients, there was a need to receive some medical treatment for the first time, but it seems that the defendant continued to receive insurance money for a planned disease, but it seems that the defendant committed the crime of this case was unreasonable when he was paid insurance money. However, there was no history of criminal punishment exceeding the fine up to now, and there was no history of criminal punishment by the defendant's consciousness, etc., it appears that the social relation of the defendant seems obvious, such as the defendant's appearance of the defendant's wife against the defendant, and all other circumstances that become conditions for sentencing as shown in the argument of this case, such as the defendant's age, happiness, environment, etc., are taken into account.