A. Defendant 1) misunderstanding of facts merely received a so-called unrepair agreement and received insurance money, and there is no fact of deceiving the insurance company that is the victim as stated in the lower judgment. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake, the lower court may fully recognize the fact that the Defendant, as stated in the lower judgment, prepared a false quotation and claimed insurance money based thereon.

1) The details of the decision on the physical payment resolution, which is the basis for the payment of the instant insurance money, contain relatively detailed parts and official fees for each item. The insurance management officer of the instant case stated that, in the case of unrepair disposal by the police, I did not separately state the details of the decision. 2) The completion report related to the payment of the instant insurance money is accompanied by a photograph of the completion of the repair of the instant vehicle. Moreover, it is also accompanied by the repair confirmation that the Defendant completed the repair written as of January 20, 2016, prior to the payment of the instant insurance money.

3) At the lower court’s trial, I usually paid the money to the borrower when processing unrepaired, and paid the money to the maintenance shop, most of them are paid as actual repair cost, and in this case, it was proved that the Defendant confirmed it and paid the money because he had been working with the photographs, etc. completed the repair. 4) Even if, as alleged by the Defendant, the Defendant was paid the insurance money under the unrepair Agreement, and did not separately claim the insurance money, as argued by the Defendant.