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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
2. The judgment is based on the following facts: ① The crime of this case was committed by the Defendant by deceiving 83,949,050 won from the victim company by intentionally paying traffic accidents by using the fact that the actual value of the vehicle owned by the Defendant is different from that of the accident vehicle in terms of the insurance contract, and not only is the planned intelligent crime but also is bad in the quality of the crime in light of the method of committing the crime; ② the Defendant paid only KRW 18,000 to the victim company up to the trial, and the part of the damage of the victim company is still not restored; ③ the crime of this case is aggravated in the finance of the insurance company and ultimately, it is necessary to strictly cope with it, in light of the following: (a) there is a need to strictly punish the Defendant; and (b) the Defendant’s sentence is inevitable.
However, in full view of the following: (a) the Defendant recognized the instant crime and violated his mistake; (b) the Defendant agreed to pay some of the above money and agreed with the victim company; (c) there is no significant penalty power over the same kind and fine; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The criminal facts against the defendant recognized by this court and the summary of the evidence shall be as stated in the corresponding column of the judgment below.