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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and four months of imprisonment) is too unreasonable.
2. The crime of this case is found to be of poor nature in light of the background and method of the crime, frequency of the crime and the amount of damage, etc. in which the defendant, in collusion with other accomplices by intentionally causing a large number of traffic accidents by obtaining money under the pretext of agreement from an insurance company, by obtaining the payment of money under the pretext of agreement from the insurance company. The crime of this case is deemed to have considerable social harm in that it causes moral hazard to society and causes economic loss to a large number of subscribers, and thus requires punishment equivalent thereto, and most damage has not been recovered until the trial even though the insurance fraud damage exceeds 10 million won.
However, considering the fact that the defendant recognizes the entire crime of this case and reflects his mistake, it is difficult to see that the defendant led the crime of insurance fraud as above, and that the criminal proceeds that the defendant actually acquired are much less than the amount of the above damage, there is no past record of criminal punishment exceeding the suspension of the execution of the same criminal records and imprisonment, among the damage insurance companies, there is a smooth agreement between Samsung T&T insurance (State) and the KB non-life insurance, and the sentencing equality in sentencing with other accomplices (in particular, one year and two months imprisonment), and other factors such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all the sentencing factors as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-use]