The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. There was no intention to obtain insurance money from the defendant for mistake of facts.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly adopted and investigated by the court below, the defendant can be acknowledged that the victim malicious company (AXA) damage insurance company has committed a crime with the on-site agent of the above company as if he was the defendant's punishmentO in order to pay insurance proceeds to the victim of the traffic accident, and the defendant has an intention to obtain insurance proceeds from the defendant.

Therefore, the defendant's above assertion is without merit.

B. In full view of the following, the lower court’s punishment is too unreasonable, based on the following: (a) all of the conditions of sentencing specified in the instant records and arguments of unreasonable sentencing and the payment of charges for unlicensed driving, thereby recovering the actual damage suffered by the defrauded.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 347 (2) and (1) of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. With respect to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of the Selection of Punishment, the choice of imprisonment without prison labor, the violation of the Road Traffic Act, and the fraud, each

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