1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the co-defendant C of the first instance trial (hereinafter “C”) to cover the damage incurred by a traffic accident that occurred by chance in the course of operating a vehicle with F vehicles, the insurance period of which is from March 16, 201 to March 16, 201.

B. On October 27, 2010, around 21:20, FF vehicles driven by C on the front side of H located in G in the Gwangju Mine-gu, Gwangju Metropolitan City (hereinafter “instant traffic accident”) caused an accident in which the Defendant: (a) concealed the Defendant’s I taxi (hereinafter “instant traffic accident”).

Co-Defendant D of the first instance trial (hereinafter referred to as "D") and Co-Defendant E of the first instance trial (hereinafter referred to as "E") are the I cab passengers at the time.

C. The Defendant and the co-defendants of the first instance court claimed insurance proceeds from the instant traffic accident to the Plaintiff, and the Plaintiff paid total of KRW 3,420,200 to the Defendant and the co-defendants of the first instance court under the pretext of agreement.

However, the traffic accident of this case was revealed that the defendant and the co-defendants of the first instance court were insurance fraud by receiving insurance money after intentionally causing the accident in collusion for the purpose of receiving insurance money.

The Defendant, due to the above facts constituting the crime, was sentenced to one year of imprisonment in the case No. 2015 Godan415, and appealed against this. The Defendant was sentenced to one year of imprisonment in the case No. 2016No234, the appellate court sentenced to three years of suspended sentence, and the above judgment became final and conclusive on May 20, 2016.

On the other hand, on December 31, 2015, the Defendant deposited KRW 2,000,000 as a deposit account with the Plaintiff on December 31, 2015.

E. After receiving KRW 2,00,190, the Plaintiff returned KRW 1,219,480, out of the total sum of the above deposit and interest, KRW 1,219,480, which was paid to the Defendant due to the instant traffic accident, and returned KRW 780,710, which was paid to the Defendant on another insurance fraud case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 3.