The judgment of the court below is reversed.

The judgment of the court below is rendered in the case of a fine of KRW 1,00,000 as to the crime of KRW 2 of the judgment of the court below.

1. The summary of the grounds for appeal (one month of imprisonment with prison labor and five months of imprisonment with prison labor for the remaining crimes) declared by the court below is too unreasonable.

2. However, even though the defendant had already been punished twice as a crime of fraud, he has committed the crime of fraud on seven occasions, and the amount of fraud is also 13 million won in total.

Insurance fraud crime is a very serious crime of social harm, such as causing damage to a decent number of insurance subscribers, causing unnecessary social costs, causing moral hazard on insurance, and so it is necessary to strictize it.

However, in full view of the following circumstances: (a) the Defendant committed a crime against the mistake while intending to commit a crime; (b) the Defendant did not want punishment for the Defendant; and (c) the Defendant fully repaid the remainder of the victimized companies by deceptioning with malicious death accident insurance company and Samsung T&T insurance company; and (d) each of the instant crimes is in the concurrent relationship between each of the injury crimes finalized by the judgment and the latter part of Article 37 of the Criminal Act, such as the record of the crime in the judgment of the court below, and the equity should be taken into account at the same time with the case where the judgment was rendered; and (e) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, sexual behavior, environment, and family relationship

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 352, 347(1), and 30 of the Criminal Act concerning criminal facts (the point of attempted fraud and the choice of imprisonment).