The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Even before the instant case, considering the fact that the Defendant transferred to an insurance solicitor and obtained money in the name of the subsidies and committed the same crime without being frighten and again, even though there was a history of punishment by deception, and that the act of payment of premiums by proxy is against the legislative intent of the Insurance Business Act to prevent unfair insurance solicitation and to protect policyholders, it is necessary to warn the Defendant to comply with the crime.

However, in light of the fact that the defendant violated the defendant's mistake in depth and agreed with the victim H which has a large amount of damage, and that part of the defendant's husband received dividends in the case of the victim M&A, while the defendant submitted the defendant's husband's written application of appeal to the prior wife, and other factors of sentencing as shown in the records, such as the defendant's age, character and behavior and environment, the sentence of the court below, which sentenced the defendant, seems to be too unreasonable.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Fraud: Article 347 (1) of each Criminal Act (Selection of Imprisonment with prison labor);

(b) Violation of the Insurance Business Act: Article 202 subparagraph 2 of the same Act and Article 98 subparagraph 4 of the same Act.

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

1. Suspension of execution under Article 62(1) of the Criminal Act (see the above Article 62(2) in light of the circumstances favorable to the defendant)

1. Probation Act;