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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of the Defendant, the lower court’s imprisonment (one year and two months) against the Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The defendant and the prosecutor's assertion that the crime of this case was committed together with the defendant and the prosecutor's assertion that the insurance contract was concluded and the insurance premium was paid to the insurance solicitor when certain insurance premiums were paid, using the fact that the insurance solicitation allowance was paid to the insurance solicitor, and that it was not good to commit the crime by taking out the insurance allowance of 13 million won in total from the damaged company and allowing the damaged company to enter into the insurance contract by mobilization of policy holders who are not capable of subscribing to purchase insurance and pay insurance premiums, and that it was not good to commit the crime of this case, and that the defendant did not agree with the victimized company because it was impossible to recover damage, ③ the defendant filed a civil petition with the Financial Supervisory Service to avoid his responsibility after the crime of this case, and received the insurance refund paid after the termination of the insurance contract, and ④ the defendant denied the crime of this case from the investigative agency to the court below to the court below, and further, actively concealed the crime, such as demanding the witness to make a statement favorable to himself, it is necessary to punish the defendant.
However, in light of the following: (a) the Defendant was found to have committed the instant crime in the first instance and against his mistake; (b) the Defendant did not have any other penalty power than once a fine due to the instant crime; and (c) the value of the real estate owned by the Defendant, etc., the amount of damage by the damaged company through the compulsory execution procedure for the said real estate.