사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. Sentencing sentencing on the summary of the grounds for appeal (the sentence of the lower court is 2 years, and the Defendant, at the first trial date, withdrawn the assertion of mistake of facts on the grounds of appeal)
2. The insurance fraud obtained by abusing the insurance contract as seen in the instant crime requires strict punishment for the following reasons: (a) many good insurance subscribers have inflicted damage on them; and (b) social harm, such as shaking the foundation of the insurance system, is large.
It seems that the defendant led the crime, and the total amount of damage is about KRW 430 million, so the crime is not good.
However, there has been an expansion of damage due to the victims' failure to make a proper examination while paying insurance money, and there has been no history of punishment for the defendant for the same crime.
The Defendant agreed with the court below [the amount of repayment: 4,140,000 won) and 3,200,000 won to the Nonghyup Life Insurance Co., Ltd. (the amount of repayment: 1,208,690 won). The Defendant repaid KRW 4,220,00 to the Hyundai Life Insurance Co., Ltd. (the amount of repayment) and D agreed with DB Life Insurance Co., Ltd., and D Co., Ltd., the amount of KRW 20,000 to the Hyundai Life Insurance Co., Ltd. and the amount of KRW 3,20,000 to the Dongyang Life Insurance Co., Ltd.).
In full view of these circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime, various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the sentence of the court below is too unreasonable.
Therefore, the defendant's argument is justified.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are the original judgment.