1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

1. Summary of grounds for appeal;

A. On March 14, 2015, the day of the instant case, the Defendant: (a) received an insurance accident against the victim East Fire Co., Ltd.; (b) did not request insurance proceeds; and (c) on March 18, 2015, the Defendant prepared and provided a written waiver of the claim to the victim.

The commencement of the execution of insurance fraud is when the victim claims insurance money, and the defendant did not commence the execution of the crime of fraud of this case since he did not claim insurance money to the victim.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is excessively unreasonable.

2. Determination

A. Judgment on the misunderstanding of the legal principles regarding the assertion that the crime of fraud is established when the defendant falsely reported or intentionally caused an insurance accident with the intent to acquire insurance proceeds (see Supreme Court Decision 2010Do17512, Feb. 24, 2011). Since the crime of fraud is established by deceiving another person and inducing the act of disposal, it is the time when the defendant initiates deception against another person with the intent to acquire property or gain pecuniary gains by inducing the act of disposal. 2) The following circumstances can be acknowledged by comprehensively taking into account the evidence duly adopted and investigated by the court below. 1) The traffic accident of this case is not a kind of insurance accident in which the insurance proceeds are paid because it is apparent that the defendant acted in collusion with his accomplice, and 2) the co-defendant B, who is an accomplice, received the insurance accident of this case as agreed with the defendant, and ③ In the case of receiving the insurance accident of this case, it can not be seen that the insurance proceeds are already paid after the insurance contract is already established.