The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that it is not good to commit the insurance fraud of this case by deceiving the insurance company with false facts in judgment, and that the defendant was a repeated offender at the time of each of the crimes of this case, etc. is disadvantageous to the defendant.

On the other hand, the degree of injury suffered by the victim G of the traffic accident is relatively weak, the investigation stage reached an agreement with the above victim, and the fact that the victim I corporation of the insurance fraud pays the total amount of damage to the victim I corporation of the insurance fraud and reached an agreement with the above company is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, circumstances leading to the crime, and various sentencing conditions as shown in the records and pleadings, the lower court’s punishment is somewhat heavy.

Therefore, the defendant's argument is justified.

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

【Grounds for the Judgment of the Supreme Court, which has been written] The facts constituting a crime and summary of the evidence recognized by the court, and the summary of the evidence, are the same as the relevant column against the defendant, except where the court has used the "J" as "G", and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act (the acquisition of profits by insurance fraud, the selection of imprisonment with prison labor) concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the part on the Defendant’s assertion of unfair sentencing prior to the grounds for sentencing under the former part of Article 37, Articles 38(1)2 and 38(2), and 50 of the Criminal Act are examined.