A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 12, 2017, the Defendant entered into an insurance contract with D Co., Ltd., a victim, in preparation for cases where chickens die due to an accident, such as a bomb, etc., in the name of “C farm” in Gyeongcheon-gun B.

From June 2017, the Defendant, from the point of view of the fact that it was impossible to sell the chickens due to brush disease, etc., was pretended as having died in a group with brush, and was able to claim insurance money to the victim and obtain it by fraud.

The Defendant, from around 15:00 on August 6, 2017 to around 16:00 on the same day, caused E, an employee of the same day, to intentionally throw the chickens out by intentionally closing the windows of the Gyeyang field by means of stopping the exchange wind, and by intentionally stopping them. On September 11, 2017, the Defendant: (a) attempted to manipulate the date of raising to the victim as if the chickens died due to a natural disaster caused by a storm; and (b) attempted to manipulate the date of raising, thereby claiming insurance money to the victim.

Around September 12, 2017, the Defendant, by deceiving the victim as above, was transferred KRW 96,453,148 as insurance money to a bank account under the name of the Defendant, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning G and E;

1. Details of purchase of the livestock disaster insurance, the matters of insurance premiums for the livestock disaster insurance, a written resolution on the payment of insurance proceeds, a document providing information on E, daily metbook, breeding log, damage assessment data, breeding log, receipt of the insurance accident and details of the payment of insurance proceeds, records of blood examination conducted, field photographs, etc.;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (the scope of recommendations) shall be limited to the basic area (six months of imprisonment or one year and six months of imprisonment), which is the basic area (the amount less than 100 million won) of types 1 (the amount of imprisonment to be less than six months to one year and six months), mitigated factors, and aggravated factors (the amount of punishment to be imposed is very poor);

2. Determination of sentence: