The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

2. The Defendant, even though the Defendant suffered from multiple insurers a disease sufficient to receive hospital treatment, filed a false claim for insurance money by pretending to be a serious disease that requires long-term hospital treatment. Such insurance fraud crime is not only to transfer economic damage to a large number of good policyholders, but also to impair the general trust in the insurance system, etc., thereby significantly increasing social costs due to the overall society, and is not a good crime.

In this context, the Defendant was subject to a disposition of suspending indictment twice as an insurance fraud under the above several laws, and the fact that there was a history of being sentenced to a single fine, and that the sum of the amount acquired by deceptions exceeds KRW 200 million, the Defendant did not make every effort to recover damage at all, is recognized as an unfavorable circumstance to the Defendant.

However, in full view of the favorable circumstances such as the Defendant’s cancellation of complaint, and the Defendant’s age, character and behavior, environment, health conditions, circumstances leading to the crime, etc., the sentence imposed by the lower court is too unreasonable, taking into account the following: (a) the Defendant appeared to have committed the instant crime when the Defendant was in the trial; (b) the Defendant was ill in the heart, etc.; (c) the Defendant was subject to criminal punishment exceeding the fine; and (d) there was no history of criminal punishment exceeding the Defendant; and (e) the victim of the loan fraud was smoothly agreed with the victim to cancel the complaint; and (e) other favorable conditions of sentencing

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.