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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant A (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence that the lower court sentenced the Defendants (the Defendant A: imprisonment for 8 months; imprisonment for 6 months; imprisonment for 2 years; imprisonment for 2 years; and fine for 3 million won) is too uneased and unreasonable.
2. Determination
A. In full view of the following circumstances: (a) the Defendant partially repaid the amount of damage to Defendant A; (b) the Defendant recognized the entire amount of the instant crime and against it; (c) the Defendant has no record of the same criminal history and fine; and (d) the economic situation of the Defendant appears to be difficult; (c) insurance fraud, such as the instant crime, is ultimately subject to damage to a good insured; (d) there is a substantial possibility of criticism; (e) the amount of the Defendant’s deceptive money reaches KRW 95 million; and (e) the amount of the damage was not recovered; and (e) the criminal punishment for other crimes similar to the instant crime, which are disadvantageous to the Defendant; and (e) equity with the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) other various conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the instant crime, etc., the lower court’s punishment against the Defendant is too excessive or unreasonable.
Therefore, the above argument by the defendant A and the prosecutor is without merit.
B. Insurance fraud, such as the instant crime, with respect to Defendant B, is ultimately subject to damage to a good insured, and is highly likely to be subject to criticism, and most of the amount of the damage is not recovered, and is disadvantageous to the Defendant.
However, the fact that the defendant has partially repaid the amount of damage, and the part that the defendant has actually spent for medical treatment among the insurance money acquired by the defendant seems to be included.