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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. The gist of the grounds for appeal is that the respective punishment of the court below (two years of imprisonment, one year of imprisonment, one year of imprisonment) is too unreasonable;
2. Determination
A. In light of the favorable circumstances, such as the fact that Defendant A’s mistake was recognized by Defendant A, and there was no previous conviction in excess of the fine, and that most of the insurance purchased by Defendant A appears to have been terminated, and that there is a need for certain hospitalization due to hepatitis B and pulmonary diseases, etc. However, insurance fraud of this case, such as this case, requires strict punishment due to a large amount of social harm, such as the transfer of economic damage to many general subscribers, etc., and that insurance money acquired during a period of five years is large amount of KRW 460 million, and that it was agreed with some victims on the condition that the insurance contract was terminated, but it did not actually recover from actual damage. In full view of the circumstances leading up to the crime of this case, circumstances after the crime, Defendant A’s age, character and behavior, environment, etc., the lower court’s punishment is unreasonable. Therefore, Defendant A’s assertion is without merit.
B. As to the Defendant B’s assertion, the insurance fraud crime, such as the instant case, requires strict punishment due to severe social harm, such as the transfer of economic damage to many general consumers, etc., the insurance proceeds obtained by deceit during a period of about five years are large of KRW 460 million, and the termination of the insurance contract, which was agreed with some victims, but did not recover actual damage, is disadvantageous. However, Defendant B acknowledged Defendant B’s mistake and did not actually participate in the receipt and use of insurance proceeds from September 2010.