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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
1. The summary of the grounds for appeal asserts that the punishment imposed by the court below against the defendant (two years of imprisonment) is too unreasonable.
2. Of the instant crime, the Defendant’s insurance fraud part in the instant crime is a case where the Defendant received KRW 75 million from the victim’s insurance company by pretending a traffic accident, and acquired it or attempted to acquire it. Insurance fraud is based on the sacrifice of many good policyholders or legitimate insurance right holders. As such, the crime liability is not easy in that it may threaten the foundation of the insurance system. The Defendant deceivings the victim’s Esbro integrated book, our society society, and the AU through several times, thereby deceiving the victim’s Eschinese, by deceiving the Defendant into money and motor vehicle, etc., and the total amount of damage is not recovered.
However, in full view of the following circumstances: (a) the Defendant did not have any previous error; (b) the Defendant paid KRW 3,079,520 to the victim Eastern Fire Marine Insurance Co., Ltd.; (c) the Defendant agreed to pay KRW 1,900,00 to the victim Han-dong Fire Insurance Co., Ltd.; (d) the agreement was reached with the victim more incident damage insurance Co., Ltd. and the victim AU; (e) the Defendant has reached an agreement in depth with the victim; and (e) other circumstances, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime; and (e) other circumstances, which are conditions for sentencing as indicated in
3. In conclusion, the judgment of the court below against the defendant is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Act and subordinate statutes