The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of suspended sentence in the month of imprisonment with prison labor) is too uneasy and unfair.

2. The crime of insurance fraud is an unfavorable circumstance where social harm is high in terms of the fact that a large amount of punishment is required, and the fact that the defendant did not reach an agreement with the victim, as well as the economic damage to a large number of good insurance subscribers, and that social harm is likely to be caused by the overall insurance system.

However, in light of the following circumstances: (a) the Defendant deposited KRW 10,745,830 for the victim when he was in the first instance trial; (b) the amount of damage was fully repaid to the victim; (c) the Defendant did not have any same criminal record; and (d) the Defendant did not have any previous criminal record except for the punishment imposed once, and (c) the Defendant’s health status is not good; and (d) other circumstances that are the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.