A defendant shall be punished by imprisonment for six months.

2. The insurance fraud causes moral hazard to the general public in society and causes economic loss to the good insurance subscribers, and is highly harmful.

In addition, since the amount of damage in this case exceeds the total of KRW 100 million, it is necessary to issue a sentence to the defendant.

However, in light of the fact that the defendant committed a crime in the trial and committed a violation against his mistake, there is no record of being sentenced to a fine in excess of a fine, the victim company also desires the defendant's wife in the trial, the victim company has a professional performance human resources capable of preventing insurance fraud, and the victim company has no special performance human resources to prevent insurance fraud. In addition, in full view of various sentencing conditions that are shown in the records and arguments, such as the defendant's age, character and character environment, circumstances before and after the crime, etc., it is judged that the sentence imposed by the court below is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows, except for the addition of “the defendant’s oral statement at the trial” to the summary of the evidence, and thus, it is identical to each corresponding column of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);