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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The gist of the grounds for appeal argues to the effect that, as the punishment imposed by the lower court (ten months of imprisonment) is too unreasonable, the public prosecutor asserts to the effect that the sentence imposed by the lower court is too unhued and unreasonable.
2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.
The fact that the defendant confessions and reflects, the victims are also responsible for the occurrence and expansion of damage, the fact that the damage has been partially recovered (in the first instance, payment of the victim Samsung Fire Marine Insurance Co., Ltd. in addition to 3 million won), and the fact that the defendant is the first offender is favorable to the defendant.
Meanwhile, each of the crimes of this case is a situation unfavorable to the defendant, such as the fact that the defendant acquired a total of KRW 130,192,133 from six insurance companies that are victims for a long time, and that the crime is not good in light of the period, method, and amount of damage, etc. of the crime, and the crime of insurance fraud of this case is also a serious social harm, such as the fact that the crime of insurance fraud of this case was committed by multiple good policyholders, and that most of the damage was not recovered.
Considering the above circumstances and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one month to four years of imprisonment) and other conditions of various sentencing as shown in the records and arguments of this case, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below shall not be deemed too minor or unreasonable.
Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.