사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
Judgment
Defendant acquired total of KRW 144,60,250 from an insurance company to an unspecified number of people by deceiving or intentionally shocking a traffic accident from around 2011 to around 2016, and caused the occurrence of a traffic accident, etc., and used a single-name "ciping transport" with charge collected from an unspecified number of people.
The nature of the crime is heavy in light of the period of crime and the method of crime.
However, the defendant is the first offender and is against his mistake.
The Defendant disposed of his/her own vehicle, prepared a reimbursement amount, and paid it, and paid KRW 76,085,880 at the lower court’s trial level and at the lower court’s trial level to pay KRW 111,154,80,00 in total by paying KRW 35,068,920 at the first instance trial, and repaid KRW 111,154,80 at the first instance trial. A considerable portion of the damage was restored by agreement with some insurance companies (Evidence No. 658,679, evidence record, 49-53,556, 64-72 of the trial record, reference materials, and reference materials of August 24, 2017; KRW 14,260,250 in total, including medical expenses of traffic accident parties, vehicle repair expenses, and rental expenses; KRW 38,50 in the amount of damage suffered by the Defendant’s property from the standpoint of an insurance company, not the amount of damage suffered by the Defendant’s intent or loss.
The scope of the recommended punishments according to the sentencing criteria shall be as follows:
[Scope of Recommendation] Type 2 (at least KRW 100, but less than KRW 500,00) basic area (at least KRW 100,000) (from August to four years), general frauds.