The judgment of the court below is reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

provided that this ruling has become final and conclusive.

Summary of Grounds for Appeal

The punishment of the court below (10 months of imprisonment) is too unreasonable.

Judgment

Each of the crimes of this case is an unfavorable sentencing factors, such as the fact that the defendant conspireds with many people to cause a virtual or intentional traffic accident over 12 times, and that the family members who are not at the site of using personal information in the process of the crime are stolen insurance money by putting them out as a victim. The nature of the crime is very poor, that the damage insurance company caused by the crime of this case is a majority, that the total amount of the defrauded money is more than 70 million won, that the result of the crime is very heavy, and that it is difficult to detect the insurance fraud, and that it is difficult to easily obtain money, and that it is highly likely to repeat the crime, and that there is a great need to punish the insurance fraud.

However, it is a favorable sentencing factor, such as the fact that the defendant's mistake is recognized by the court below, that the defendant has against himself, that the defendant has deposited the total of KRW 14 million in the court of appeal when he has repaid the fraudulent money of KRW 6 million at the court below (a deposit of approximately KRW 10 million by the J which is a public offender), that the defendant has no record of criminal punishment, that the defendant has faithfully worked as a door-to-door engineer after the crime of this case, that the defendant must support his children who are born by his wife and the side, that the defendant's family and the person who is a public offender wanting to take the wife.

In addition, comprehensively taking account of the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc. as well as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (general fraud type 1 (less than KRW 100 million): the lower court’s punishment is deemed unfair because it is deemed that the Defendant’s assertion is reasonable, given that it is reasonable.

Therefore, the appeal by the defendant is reasonable, and it is in accordance with Article 364 (6) of the Criminal Procedure Act.