The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

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

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination: (a) the defendant committed each of the crimes of this case during the period of probation; (b) there are circumstances unfavorable to the defendant; (c) on the other hand, the defendant led to confession and reflects each of the crimes of this case; (d) the disadvantage such as criminal punishment is not realized to the victim; (e) the defendant agreed with F to avoid criminal punishment; (c) the victim Hyundai Maritime Fire Insurance Co., Ltd., which committed attempted fraud, fully repaid the amount paid to the medical institution by the defendant; (d) the defendant living under detention near three months due to the crime of this case; (e) the defendant has not committed a criminal offense; (e) the defendant has not committed a criminal offense; and (e) other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, and environment, the defendant's argument is reasonable because the defendant'

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 156 and 30 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (i.e., the crime of false accusation because of the confession), which are statutory mitigation;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;