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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
1. Of the instant facts charged, the lower court found the Defendant not guilty of the fraud due to hospitalization as of May 14, 2007 and hospitalization as of December 20, 201 among the instant facts charged. The Defendant appealed on the guilty portion on the ground of unreasonable sentencing, and the prosecutor did not appeal the acquittal portion. As such, the lower court’s acquittal portion was separated and finalized, and only the guilty portion falls under the scope of this court’s judgment.
2. The summary of the reasons for appeal (two years of imprisonment) by the lower court is too unreasonable.
3. The Defendant, from January 27, 2006 to March 8, 2012, obtained insurance proceeds exceeding KRW 340 million while being hospitalized for a long period of 50 days from 50 days to 937 days. The Defendant committed insurance frauds in this case, such as this case, is disadvantageous to the fact that there is a serious social harm, such as transfer of economic damage to a large number of good general subscribers, and thus, it seems that the Defendant has recognized and against all his mistake when he was in the trial. The Defendant did not have any history of punishment for the same crime, there was no history of punishment for the suspension of execution, and there was no history of punishment for the suspension of execution, and the Defendant paid KRW 5 million to the Hyundai Marine Fire Insurance Co., Ltd., Ltd., Ltd., and agreed with the first trial, and the Defendant’s favorable age, character and conduct, the Defendant’s environment, the background and result of the instant crime, and the circumstances after the instant crime, etc., are considered to be unreasonable, and thus, the Defendant’s allegation of sentencing is justified.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court.