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The judgment below
Among the parts against Defendant B, the remainder, excluding compensation order, shall be reversed.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s punishment (four months of imprisonment) is too unreasonable.
B. Each sentence of the lower court against the Defendants by the prosecutor (one year of the suspended sentence to four months; four months; one year of the suspended sentence to six months; one year of the suspended sentence to six months; one year of the suspended sentence to four months; one year of the suspended sentence to four months; and one million won of the suspended sentence to four months; and three million won of fine to three million won) is deemed unfair.
2. Determination
A. Defendant A, C, D, and E have no same record of sentencing, Defendant D, and E are the primary offenders, and Defendant C, and C, and E have agreed with some victims by restoring the damage at the original trial.
In the first instance, Defendant A agreed to pay approximately KRW 1830,00 to the Commercial Reinsurance Co., Ltd. in the Hyundai Sea, and Defendant D agreed to recover part of the damage to the victim's lot accident insurance company, mers fire marine insurance company, and modern commercial reinsurance company.
In addition, comprehensively taking account of the following factors, such as the Defendants’ age, sex, and circumstances after the crime, the lower court’s punishment is within the scope of reasonable discretion. Thus, the Prosecutor’s assertion is without merit.
B. The amount of damage is the size of Defendant B by deceiving 5,9360,000 won.
However, the defendant did not have the same power, and since he was in the first instance, he paid about KRW 15 million to the victims, lot accident insurance Co., Ltd., Hyundai Commercial Reinsurance Co., Ltd., Meberts Fire Marine Insurance Co., Ltd., interesting country fire marine insurance Co., Ltd., and post office, and made efforts to recover damage by agreement.
In addition, considering the insurance premiums paid by Defendant B and the hospital expenses paid by the Defendant B, the Defendant actually gained all the above fraud amount.
There are circumstances difficult to see.
In addition, if the defendant continuously increases the amount of excessive hospitalization, it is necessary to increase profits.