The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the defendant A: imprisonment of 10 months, the suspension of execution of 2 years, the community service order of 80 hours, the defendant B: imprisonment of 8 months, and the suspension of execution of 2 years) of the lower court is unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendants entered into an insurance contract with the victim insurance company and subsequently hospitalized the disease that can be sufficiently treated by pain or correction for the purpose of receiving a large amount of insurance proceeds; (b) the Defendants received the insurance proceeds from the victims in total of KRW 5,804,519; and (c) the Defendants received the insurance proceeds from the victims in total of KRW 38,736,312 for the purpose of receiving a large amount of insurance proceeds; and (d) the Defendants received the insurance proceeds from the victims; and (e) the Defendants received the insurance proceeds from the victims in total of KRW 38,736,312; and (e) if the insurance fraud crime of this case is committed, there is low overall trust between the insurance company and the insured; and (e) further, there is a need to severely punish the Defendants since the burden of insurance proceeds to the subscribers in the long term may have a big adverse effect on society; and (e) the Defendants committed the crime of this case over several times, and there is a relatively large amount of insurance proceeds obtained by fraud.

However, the defendants recognized all of the crimes of this case when they were in the trial, the defendants were the first offender, the defendant A was 43,064,704 won out of the above fraud amount, and the defendant B was 31,958,290 won, and the considerable amount of damage was recovered, and the victim Samsung Life Insurance Co., Ltd., AIA life, NHF life insurance, interesting country fire marine insurance company, and KDB life insurance company are not wanting to be punished by the defendants or seeking the measures of the defendants.