1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Codefendant C of the first instance trial (hereinafter “C”) with the effect that it guarantees damage from a traffic accident that happens by chance while operating H vehicles, with the insurance period from August 26, 2013 to August 26, 2014, with the effect that it guarantees damage from a traffic accident that happens by chance while driving a vehicle with I and J vehicles, respectively.

B. On February 28, 2014, around December 28, 2014, the occurrence of an accident in which H vehicles driven by the H vehicle C are contacted with J vehicles driven by the Codefendant E of the first instance trial (hereinafter “E”) (hereinafter “instant traffic accident”).

Defendant and Co-Defendant D of the first instance trial (hereinafter referred to as “D”) are passengers of H vehicles at the time, and Co-Defendant F of the first instance trial (hereinafter referred to as “F”) and Co-Defendant G of the first instance trial (hereinafter referred to as “G”) are passengers of J vehicles at the time.

C. The Defendant and the co-defendants of the first instance court claimed insurance proceeds from the instant traffic accident to the Plaintiff. The Plaintiff paid KRW 13,496,150 in total with the insurance proceeds paid KRW 6,213,00 and KRW 626,00 for the repair costs of the H vehicle, respectively, under the pretext of agreement, etc., KRW 1,90, KRW 918,550 to the Defendant, KRW 91,90 to D, KRW 1,111,90, KRW 870 to F, KRW 921,960 to E, and KRW 932,370 to G.

However, the traffic accident of this case was revealed that the defendant and the co-defendants of the first instance court were insurance fraud by receiving insurance money after intentionally causing the accident in collusion for the purpose of receiving insurance money.

The defendant appealed against the above criminal facts after having been sentenced to one year to imprisonment in the case of Gwangju District Court 2015 High Court 2015 High Court 4415. The defendant was sentenced to one year imprisonment with prison labor in the case of Gwangju District Court 2016No234, which is the appellate court, and the above judgment is sentenced to three years.