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The defendants' appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (the punishment of the defendant A: two years of imprisonment, the imprisonment of the defendant D: one year and six months) is too unreasonable.
Judgment
The Defendants reflects the Defendants’ mistake and reflects the fact that they do not have any criminal records of probation or heavier, the details of the Defendants’ hospitalization do not seem to have been treated falsely, and some of the Defendants’ deceptive money used to pay insurance premiums to the victimized companies.
However, the crime of this case was committed by deceiving large amount of insurance money from the damaged company due to unnecessary long-term hospitalization. The crime of insurance fraud is committed with a great social harm, such as impairing the purpose of the insurance system, promoting speculative spirit, ultimately causing the increase of insurance premiums, leading to the increase of insurance premiums, etc. Furthermore, the Defendants appear to have committed the crime of this case in a systematic and planned manner over a long-term period, such as joining several insurance policies in their names as well as family members, and it appears to have committed the crime of this case. The amount obtained by Defendant A is about KRW 40 million, approximately KRW 320 million, and the amount obtained by Defendant D was considerably about KRW 320 million, but the defendants did not reach an agreement with all of the damaged companies. The court below has no change in the circumstances leading to the crime of this case, the circumstances following the crime of this case, the circumstances after the crime of this case, the age of the Defendants, character and conduct, etc., and the sentencing guidelines of the Sentencing Committee [the scope of recommending fraud [the general type of damage or punishment of damage caused by considerable or gross negligence.