A defendant shall be punished by imprisonment for not less than five months.

2. The crime of this case is not a crime that the defendant intentionally causes a traffic accident, and is not a crime that obtains money from an insurance company or a party involved in the accident under the pretext of agreement, but it is inevitable to sentence the defendant with sentence on account of the following: (a) the period of the crime is a long-term period, the majority of the fraud frequency, and the sum of the fraud amount is not less than KRW 23 million; (b) some traffic accident parties were punished by a fine due to the defendant's intentional accident; and (c) the defendant was unable to pay the amount equivalent to the

However, in full view of the following facts: (a) the defendant reflects his mistake; (b) there is no record of punishment for the same kind of crime; (c) the court below agreed with the victims of the defraudedation; and (d) the victim insurance company partly repaid the victim's damage at the time of the trial; (b) the defendant's age, character, environment, motive and background leading to the crime of this case; (c) the motive and background leading up to the crime of this case; (d) the method and consequence of the crime; and (e) the circumstances before and after the crime, etc

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;