사기
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Each of the instant crimes committed by the Defendant is deemed to have obtained KRW 40,931,02 through 13 times from each insurance company, the victims of the instant crime by repeatedly hospitalized for a total of 266 days, such as where hospitalization is no longer necessary because the Defendant could achieve the purpose of the instant medical treatment from the beginning, or even if hospitalized, and as a result, he/she was hospitalized more than the appropriate period of hospitalization. The fact that the Defendant recognized the instant crime and reflected the mistake is favorable to the Defendant.
However, in the case of insurance fraud, since the burden of insurance fraud is transferred to a large number of insurance policyholders, it is not good that the defendant's punishment imposed by the court below is too unreasonable, taking into account the following circumstances: (a) the amount of damage was paid to the victims or did not agree with the victims up to the trial; (b) the records of criminal punishment for the same kind of crime have been punished (two times a fine)); (c) the sentencing guidelines applied by the Sentencing Committee of the Supreme Court (the sentencing guidelines (the range of recommending punishment: between June and June 1: the period between January 6 to June) and other circumstances, such as the defendant's age, character and behavior, environment, background, means and consequence of the crime, etc., and the circumstances after the crime
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.