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The judgment below
The remainder, excluding the dismissed portion of the application for compensation order, shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
Reasons
1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. In the case of the crime of “insurance fraud” like the instant case, a more severe punishment is required since it is highly harmful in terms of not only transfer economic damage to a large number of good insurance subscribers, but also undermining the trust of the general public in the insurance system, thereby impairing the foundation of the insurance system. The Defendant acquired insurance money equivalent to KRW 24 million by falsely hospitalized for 66 days through four times. In light of the method, content, and scale of damage, etc., the Defendant is disadvantageous to the Defendant.
However, the defendant shows an attitude against all of the crimes of this case when he was found to be guilty, the first head of the crime of this case in the judgment of the court below should consider equity in the case of a judgment at the same time with the case of fraud which became final and conclusive, and the remaining amount of damage is to be repaid in installments, and the remaining amount of damage is to be repaid in installments, and the remaining amount of damage is to be paid in installments for more than 2 months due to this case, the defendant has the time of his own care while living in custody for more than 2 months, and there are no other favorable circumstances such as the defendant's age, sexual behavior, environment, background, method, circumstances after the crime of this case, and criminal records and all other sentencing conditions indicated in the theory of this case, such as the records and changes, the sentence against the defendant is unreasonable.
3. As such, the defendant's appeal is reasonable, and the remaining part of the judgment of the court below excluding the dismissed part of the application for compensation order among the judgment of the court below is reversed, and it is again decided as follows through the pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court are as follows.