The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for ten months and for eight months, respectively.

except that this shall not apply.

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for 10 months, Defendant B: imprisonment with prison labor for 8 months) is too unreasonable.

2. The instant crime was committed by the Defendants, even though the Defendants were in a minor disease that is not necessary to be hospitalized, and then by deceiving the daily allowances for hospitalization from the insurance company.

Defendant

A shall obtain a total of KRW 48 million through 33 times by defraudation (four damaged insurance companies), and Defendant B shall obtain a total of KRW 32 million through 25 times, and the quality of the Defendants’ crimes shall not be less than 3 times (three damaged insurance companies).

However, the defendants agreed with one of the victims in the original trial, and they agreed with or repaid all of the victims in the first instance trial.

Defendants have no criminal history of the same kind of crime, and there is no criminal record exceeding the fine.

The defendants are in profound conflict with the criminal intent of the defendants.

In full view of such circumstances as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence of the lower court, which sentenced the Defendants, is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.

[Judgment of the court below] The facts constituting a crime and the summary of evidence recognized by this court are identical to the facts stated in each corresponding column of the court below's judgment. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: each of the Defendants is subject to imprisonment with prison labor under Article 347(1) of the Criminal Act and each of the Defendants

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (In determining the grounds for each of the above appeals, consideration shall be given to the circumstances favorable to them);