The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

The punishment of the court below against the defendant (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed under the circumstances that the defendant intentionally acquired insurance proceeds through multiple times in order to pay traffic accidents and caused damage to the public, and the fact that the defendant was unable to take measures to recover damage, etc. However, while the total amount obtained by deception of the crime of this case is about 51,203,080 won, the defendant's mistake is divided, and the health of the defendant and his family is not good, and all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., are somewhat inappropriate.

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime, Article 347 (1) of the Punishment of Violences, etc. Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the crimes in violation of the Punishment of Violences, etc. Act (Bodily Weapons, Bodily Weapons, Bodily Weapons (2) through (4) in attached Table 1 of the original judgment) and the crimes in violation of the Punishment of Violences, etc. Act (the act of causing damage to a collective weapon,

1. Selection of imprisonment with prison labor for selective crime of fraud;

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