The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a year.

Summary of Reasons for appeal

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime is deemed to have been committed by deceiving the victim insurance companies by deceiving them and receiving insurance money of KRW 214,853,854, as shown in the list of crimes attached to the judgment of the court below, by means of providing hospital treatment for a long period of time and claiming and receiving insurance money, even though it is possible to receive multiple insurance policies after having subscribed to the instant crime. The insurance fraud crime requires strict punishment, such as causing the increase of insurance premiums, ultimately causing damage to multiple general insurance subscribers, and considerable damage has not been recovered, and the Defendant has a history of criminal disposition, including the same criminal record, several times.

However, it is difficult to view that some insurance companies that sold insurance products indiscreetly and some hospitals that attracted patients to be hospitalized on a relaxed basis to claim medical care costs are not responsible for committing insurance fraud. On May 14, 2014, the victim Memerts Fire Marine Insurance Co., Ltd. filed a lawsuit for the return of unjust enrichment seeking the return of insurance money, etc. already paid against the Defendant (Seoul District Court Decision 2014Ga1294, 66,818,384, 201). Since then, the lawsuit was withdrawn on the ground that the said victim agreed with the Defendant on June 5, 2014.

In addition, the defendant recognized and reflected the crime of this case for the first time, and actually suffered a part of the disease requiring hospitalization or outpatient treatment, taking into account the circumstances of the crime.

In addition, the lower court’s punishment is somewhat unreasonable, considering the following circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., as well as various conditions for sentencing specified in the instant records and arguments.

Therefore, the defendant's assertion is reasonable and reasonable.