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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
D-.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one and half years of imprisonment with prison labor for Defendant A, and fine of three million won for Defendant D) is too unreasonable.
2. Determination
A. Each of the instant crimes committed by Defendant A (hereinafter referred to as “Defendant” in this paragraph) with respect to the assertion of Defendant A (hereinafter referred to as “Defendant”) is an unfavorable circumstance against the Defendant, such as the following: (a) the fact that the instant crime was committed by insurance fraud, which leads a large number of subscribers to insurance, may shake the foundation of the insurance system; (b) the Defendant led a total of seven times of the crimes; (c) obtained a large amount of KRW 51 million in the process; and (d) the Defendant had a history of having been punished three times due to the same type
However, the fact that the defendant recognized all of the crimes of this case, the insurance money directly received by the defendant is totaled of KRW 5,817,010 [ = KRW 4,925,140, Hyundai Commercial Reinsurance Co., Ltd. (= KRW 3,323,640, KRW 1,601,50)]. Even if considering the circumstances in which part of the insurance money is distributed from accomplices, the profits acquired by the defendant personally cannot reach the amount ( KRW 51,00,000). The defendant paid KRW 2,00,000 to the Reinsurance Co., Ltd., Ltd., Ltd., in Hyundai Commercial accident, and paid KRW 2,50,000,000 to Samsung Commercial Accident Co., Ltd., Ltd., Ltd., with the fact that there is no criminal record exceeding the fine, and the fact that the denial of the defendant and the defendant are favorable to the defendant, etc. are considered as having received part of the insurance money.
In addition to these circumstances, considering all the circumstances, such as Defendant’s age, sex, environment, motive and background of the crime, circumstances after the crime, and equity in the same and similar cases, the lower court’s punishment is deemed to be excessively unreasonable.
Therefore, the defendant's argument is justified.
B. In comparison with the first instance court’s judgment on Defendant D’s assertion, there is no change in the conditions of sentencing, and the first instance sentencing is the sentencing.