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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.
2. The crime of this case in collusion with U.V. requires strict punishment for the defendant, considering the following facts: (a) the crime of this case is committed in collusion with U.V. to acquire or defraud insurance money equivalent to KRW 110 million from the damaged insurance companies by intentionally causing a traffic accident; (b) the nature of the crime is not somewhat weak; and (c) the crime of insurance fraud is ultimately subject to damage to a decent number of insurance subscribers; and (d) the crime of this case is highly detrimental to society, such as causing similar crimes using moral hazard, and thus, it is necessary to severely punish the defendant.
However, on the other hand, the defendant's recognition of the crime of this case and there is no record of criminal punishment or a fine heavier than that of the same crime before, in the original trial, the defendant's family and the person who received the defendant's prior to the crime of this case return the amount equivalent to 16 million won he acquired from the victims, and the co-offender additionally returned at the trial of this case the amount equivalent to 38 million won in the original trial, in the original trial, the victim's main marine insurance company and the victim's damage insurance company and the victim's damage insurance company in the first trial do not want the defendant's punishment. The above victims do not want the defendant's punishment, in the first instance trial, the victim's Samsung Life Insurance Co., Ltd., Ltd., the ASEAN life insurance company, the United Nations life insurance company, and the Hyundai Sea Commercial Reinsurance Co., Ltd., Ltd., the defendant's family and the person who received the defendant's prior to the crime of this case, and the defendant's records and arguments in this case are too reasonable.
3. If so, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.