The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B.

1. The main point of the grounds for appeal is that the sentence of the lower court (one year and four months of imprisonment, and six months of imprisonment) is too unreasonable.

2. The crime of this case by which the Defendants intentionally caused a traffic accident and acquired agreements, etc. from an insurance company, and thus, it is necessary to strictly punish not only to harm the social function of the insurance company and to encourage moral hazard by abusing the insurance system, but also to transfer the economic damage to a large number of subscribers.

However, in light of the circumstances that are favorable to all victims, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime was committed, the lower court’s punishment is somewhat unreasonable, and thus, the Defendants’ assertion is somewhat unreasonable, considering the following circumstances: (a) the Defendants were the first offender who did not have any criminal power; (b) the Defendant gave repayment to some victims and additionally agreed upon; and (c) the Defendant B took into account the favorable circumstances, such as the agreement with all victims; and (d) the Defendants’ age, character and character, environment

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following decision is rendered again.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence against the defendants recognized by this court are identical to the entries of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act (the fraud by September 29, 2016), Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act (the fraud by September 30, 2016) (the fraud by September 30, 2016), Article 8 of the Special Act on Insurance Fraud Prevention, and Article 30 of the Criminal Act (the fraud by September 30, 2016), Defendant B of the choice of imprisonment: Each insurance fraud, Article 30

1. The former part of Article 37 of the Criminal Code among concurrent crimes.