The judgment of the court below is reversed.

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

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant ex officio, the Defendant was sentenced to imprisonment with prison labor and two months on July 12, 2019 on the grounds of violating the Special Act on Insurance Fraud Prevention, etc. on September 6, 2019, and the judgment became final and conclusive on September 6, 2019. The crime of this case is in a concurrent relationship between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and determines punishment after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act. Thus, the lower judgment which did not take into account this,

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.

[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except for adding "The defendant B was sentenced to imprisonment on July 12, 2019 by the Busan District Court for a violation of the Special Act on the Prevention of Insurance Fraud, etc., and the above judgment became final and conclusive on September 6, 2019."

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is that the defendant, in collusion with accomplices, intentionally caused a traffic accident, pretended to cause a traffic accident, claims insurance money, etc., which is planned and systematically acquired from the insurance company that is the victim, and the liability for such crime is grave.