The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: six months of imprisonment, and Defendant B: 8 months of imprisonment) is too unreasonable.

2. Determination

A. Defendant A committed an insurance fraud over four occasions, and such fraud insurance is also 38,019,952 won in total.

However, the Defendant paid 8,489,501 won [1) KB non-life insurance 1,248,660 won (1) KB non-life insurance 1,248,660 won (2) in that part (3) the fire insurance 3,528,596 won (2), and 2,842,935 won (4) in that part (4)] to recover damage caused by insurance fraud.

Each of the crimes of this case is a concurrent crime of violation of the Punishment of Violences, etc. Act (joint injury) for which judgment has become final and conclusive and a group of concurrent crimes after Article 37 of the Criminal Act. It is necessary to consider equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

A defendant has no record of punishment exceeding the same crime or fine.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

B. Defendant B committed an insurance fraud over three occasions, and such fraud insurance fraud amounted to KRW 26,681,406 in total.

The Defendant committed the instant crime during the period of repeated crime due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The crime of this case brings about the nature of the property crime committed by the victim insurance companies, as well as the nature of the accident by intentionally smelling the traffic accident, resulting in a direct risk to the life and body of the other party driver, etc. of the accident.