The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and two months of imprisonment) excessively unreasonable.

2. The Defendant planned to commit the instant insurance fraud against many victims for a period exceeding one year, and thereby, acquired 3,200 won by fraud.

However, when the defendant was in the first instance, he agreed with the limited liability insurance company and interesting fire marine insurance company, and again, he did not act as a criminal act and did not act as a criminal act, and there is no criminal record exceeding the same kind or fine against the defendant.

In full view of the circumstances that are favorable to the Defendant and the motive, background, means and consequence of the instant crime, the circumstances before and after the instant crime, Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the sentence of the lower judgment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 352 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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