사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The defendant asserts that with respect to the punishment of the original judgment (seven months of imprisonment) on the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfased and unfair.
2. In light of the fact that the amount of fraud is not much than KRW 100 million, the crime was committed repeatedly over a considerable period of time, the insurance fraud is required to punish the defendant strictly, but the defendant is in depth in the course of his confession, the defendant has agreed with the victim interesting country life insurance company, the life insurance company in the future, the three life insurance company in the future, the deposit insurance company in the modern LF life insurance company, the agreement with the victim's non-life insurance company, the settlement of debt, etc., the defendant has no criminal record exceeding the same criminal record or fine, the defendant has no age, family relationship, economic situation, the background and motive leading to the crime, and all other matters concerning the sentencing specified in the records and changes in the records of this case, and thus, the court below's judgment's improper punishment is recognized as being unfair, and the prosecutor's argument that the defendant's punishment is unfair is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The Criminal Act, the suspension of execution;