The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The judgment of this case is that the defendant conspired with A in collusion with A and received a large amount of insurance money for this reason. Such insurance fraud is disadvantageous to the defendant, in that it may threaten the foundation of the insurance system on the basis of the sacrifice of many good policy holders or legitimate right holders. The total amount of insurance money acquired by the defendant reaches 369,268,864 won, and the total amount of insurance money acquired by the defendant reaches 369,268,864 won, and the defendant seems to have consumed most of the money transferred to the defendant's account from the above insurance money as gambling or entertainment expenses, and there is no agreement with the damaged insurance company or no recovery from damage.

However, in full view of the following circumstances: (a) the Defendant reflects his mistake; (b) the Defendant reported the act of insurance fraud to the insurance company or the Financial Supervisory Service; (c) the investigation of this case commences while reporting the act of insurance fraud to the insurance company or the Financial Supervisory Service; (d) the Defendant has no criminal power for the same kind of crime; (c) balance in the punishment with A, the character, conduct and environment of the Defendant; and (d) the background and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc.,

3. Accordingly, the defendant's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;