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

2. Each of the crimes of this case is that the defendant, an insurance solicitor, obtained insurance proceeds by altering the medical expenses, receipts, etc. received from customers, and the defendant's liability is heavy in light of the details of the crime and the method of the crime.

The amount of defraudation is about 66 million won and the damage has not been properly recovered, and it has not been agreed with the victim.

However, the Defendant has led to the confession of all crimes and against the mistake.

It seems that the defendant is trying to recover damage by paying KRW 20 million at the court below and repaying additional KRW 4 million at the court court.

The Defendant is the first offender who had no previous criminal record prior to the instant crime.

In full view of such circumstances as the Defendant’s age, character and conduct, and motive, means, and consequence of each of the instant crimes, the lower court’s punishment is somewhat heavy.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of punishment for the crime

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