사기등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
1. The fact that the judgment on the grounds of appeal of this case does not contain a large number of crimes and the amount of frauds, the damage is not recovered at all, and the fact that the insurance frauds of this case, such as this case, are likely to bring about economic damage to a large number of general subscribers, and thus, need to be punished accordingly is disadvantageous to the defendant.
However, in light of the circumstances, such as the fact that the Defendant recognized all the crimes of this case as well as his mistake in depth, and that the Defendant did not have any history of punishment for the same kind of crime and did not repeat again, it is recognized that the lower court’s punishment is too unreasonable (one year and six months of imprisonment) is too unreasonable in view of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relation, circumstances leading up to and motive for the crime, and circumstances after the crime.
2. 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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 352 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act (the attempted fraud) and the choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;