The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is the fact that a fire occurred in a factory where the gold punishment of this case was kept, and there is no evidence to prove accurately the fact of damage to the gold punishment, and prepared and submitted the sales certificate of the goods of this case, which stated only the source of the gold punishment differently from the fact as the insurance company's guidance, and this is within the scope permitted as a means of exercising social norms, and there was no intention to receive insurance money from the defendant, so the court below found the defendant guilty of the facts charged

B. The sentence imposed by the court below on the defendant (two years of suspended sentence in October) is too unreasonable.

2. Determination

A. In the case of exercising the right by means of mistake of facts, if the act belonging to the exercise of the right and the deception belonging to such means are comprehensively observed, and such deception is not acceptable as a means of exercise of the right under social norms, the act belonging to the exercise of the right constitutes a crime of fraud. Thus, if the insurance company claims the payment of the insurance money upon the occurrence of the insurance accident, and used unlawful methods such as forging documents or attaching a statement of transaction, etc. stating false details, the act of fraud itself exceeds the extent that it can be acceptable as a means of exercise of the right under social norms, barring special circumstances. Although the insurance company which received the claim for the payment of the insurance money, it does not affect the conclusion even if the insurance money was actually inspected by the adjuster in determining the insurance amount to be paid, or the materials stating false contents are related to a part of the total amount of damage. The insurance money received by such deception is excessive