The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant 1’s report on research service for calculating the total floor area of the Y building (hereinafter “research report”) and appraiser Q Q Q’s appraisal report (hereinafter “appraisal report”) cannot be used as evidence of conviction because it is difficult to view that the reliability and accuracy of the calculation area overlap even if the permissible error was considered to the maximum extent, and it is difficult to view that the Defendant intentionally did not claim insurance money by increasing the compensation area, and there was no fact that the Defendant prepared and sent a reply document without concealing the attached form in the relevant document, as stated in the judgment of the court below, and there was no fact that the Defendant concealed the attached form in the relevant document, which is contained in the building, and the Defendant was returned KRW 2 million to R, and thus, it cannot be said that the Defendant had a criminal intent, and the lower court convicted the Defendant of this part of the facts charged, which affected the conclusion of the judgment.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The prosecutor (1) misunderstanding of facts (the part not guilty in the grounds) 137.19 square meters, and the amount is 145,421,400 square meters, the lower court determined that the amount of compensation received by excessive claim is 34.03 square meters and the amount is 36,071,800 won, and found the Defendant guilty of only this part of the facts charged and rendered a not guilty verdict on the remainder. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal for ex officio determination, the prosecutor was examined ex officio and the prosecutor was in the trial.