The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both parties’ assertion of unfair sentencing.

Since the crime of insurance fraud is serious harmful to society, and harms the interests of the insurance consumers who subscribed to the insurance, it is necessary to punish more strictly than the general fraud, and the defendant has acquired 120 million or more million won as the crime of this case, and the period of the crime has also been long from 2012 to 2017, and the defendant has not been used by the victims, and the amount of losses still have been repaid is considerable, and the defendant again committed the crime of this case even though he had the record of being punished as a fine for the same insurance fraud crime, etc., which is disadvantageous to the defendant.

On the other hand, the fact that the defendant deposited 20 million won in the court below for the victims, and 30 million won in the court below for the victims is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the offense, and circumstances after the offense, the lower court’s punishment is deemed to be too unreasonable.

The defendant's argument pointing this out is with merit, and the prosecutor's argument is not accepted.

3. If so, the defendant's argument is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;