The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the daily allowances of the Defendant by mistake of facts or misapprehension of legal principles are not KRW 1.30,00,000 as recognized by the lower court, the Defendant was paid temporary closure benefits or disability benefits calculated on the premise that the daily allowances of the Defendant were KRW 1.70,000,000,000,000

Even if the victim was accused or had the intention of deception;

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, and the lower court found the Defendant guilty of this part of the facts charged by taking account of the detailed circumstances

In light of the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just and there is no error of law by misunderstanding of facts or by misunderstanding of legal principles as alleged by the defendant.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

The defendant actually suffered from occupational accidents, and the main contents of the defendant's deception are some of the daily allowances of the defendant who is the basis for calculating insurance benefits.

Circumstances unfavorable to the defendant are as follows:

The amount of profit gained by the Defendant as a result of the instant crime is not so significant.

After the instant accident, the Defendant actively acted, such as requesting the application for insurance benefits, by increasing wages to B who is the business owner after the instant accident.

The defendant seems to have failed to pay the damaged amount to the victim.

In addition, the age, sex, career, environment, circumstances, and results of the crime of the defendant.