A defendant shall be punished by imprisonment for seven months.

2. The judgment of the court below is based on the following: ① The crime of this case was concluded with the insurance contract and when certain premiums are paid, using the fact that insurance solicitation allowances are paid to the insurance solicitor; ② the crime of this case was committed by deceiving the policyholders who have no intent or ability to buy insurance and pay insurance premiums to enter into the insurance contract with the damaged company; ② the crime was committed by taking the insurance allowances of 13 million won from the damaged company; ② the defendant did not agree with the victimized company; and ② the defendant still has not been recovered from the damaged company, there is a need to strictly punish the defendant; and it is inevitable to sentence the defendant.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes; (b) the Defendant made efforts to recover damage by depositing a sum of KRW 24 million in the name of the victimized Company in the trial; (c) the Defendant is the primary offender; and (d) other conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act as to the facts constituting an offense;