사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.
2. The judgment appears to have recognized and reflected the crime of this case; the defendant seems to have been in need of some hospitalization for the treatment of disease because he suffers from disease, such as urology and astronomical disease; the fact that the defendant suffers from disease, which has no criminal history, is a primary offender with no criminal history, etc.; however, the amount obtained by the defendant exceeds KRW 200 million; the insurance fraud, such as the crime of this case, harms the purpose of the insurance system of reasonable diversification of risk, promotes speculative spirit, ultimately promoting a speculative spirit, ultimately, raising insurance premiums, and ultimately, requires strict punishment; the defendant did not make any effort for substantial recovery of damage other than the termination of the insurance contract after the crime of this case; the defendant did not make any effort for substantial recovery of damage other than the termination of the insurance contract with some victim company after the crime of this case; the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime of this case, etc., the prosecutor's assertion of unfair sentencing is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;