Text
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A and B shall be punished by imprisonment for one year and eight months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and B’s punishment (two years of imprisonment for each of Defendant A and B) is too unreasonable.
B. The Prosecutor’s sentence (Defendant C: 8 months of imprisonment, 3 years of suspended execution, 6 months of imprisonment, 3 years of suspended execution, 5 months of imprisonment, 3 years of suspended execution, 3 years of suspended execution, 4 months of imprisonment, 3 years of suspended execution, 3 years of suspended execution) of the lower court is too unreasonable.
2. Determination
A. The following determination on Defendant A and B is disadvantageous to the Defendants.
Defendants committed each of the instant crimes against multiple insurance companies for a long time.
The amount of damage is about 10 million won, which is about 14 million won.
The Defendants, by themselves, recruited other insured workers in addition to their own insurance fraud, led them to each of the crimes of this case on an organized basis.
Defendant
In the case of B, there is a record of punishment for the same crime.
On the other hand, the following conditions are favorable.
Defendants reflect their mistakes.
In the first instance, Defendant A paid approximately KRW 15 million to Defendant B, and approximately KRW 13 million to Defendant B, respectively, and agreed with most victims of the crime in the attached list of crimes (1) of the judgment below.
Defendants are not subject to criminal punishment beyond a fine.
In addition, when comprehensively considering various sentencing conditions as shown in the records and arguments of the instant case, such as the background of the instant crime, the method and scale of the instant crime, the circumstances after the instant crime, the age of the Defendants, sexual conduct, and the environment, the lower court’s punishment is somewhat unreasonable, and thus, the Defendants’ assertion is reasonable.
B. Defendants C, D, E, and F committed the instant crime against multiple insurance companies, and the amount of damage caused by the instant crime is not much significant, and the fact that has not been completely recovered until now is disadvantageous to the Defendants.
On the other hand, the following conditions are favorable.
The defendants reflect their mistakes.