The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant was taking part in the planned insurance fraud crime led by D and played an important role in such a series of times, and the amount of damage suffered by the victimized company is considerably significant, and the nature of the crime is not weak.

However, in light of the fact that the defendant appears to have an attitude against himself, that is the first offender with no criminal history, that is, there are circumstances that may be considered in the course of participation, and that the court below deposited KRW 10 million for the victim company that suffered damage by being the insured, and that part of the victim company does not want the punishment of the defendant by additionally paying the remaining amount of KRW 5.6 million in the court below, and the defendant's age, sex, sex, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, etc., the court below's punishment is too too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;