The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a period of two years and six months, for a period of three years and for a period of three years, for a defendant C.

Summary of Grounds for Appeal

The sentence of the court below (2 years and six months of imprisonment, three years of imprisonment, and 10 months of imprisonment) is too unreasonable.

Judgment

Defendant

After Defendant A and B conspired to prepare a promissory note or a notarial deed with an amount greater than the actual amount of a claim against Defendant A, the act of this case with respect to which the obligees acquired dividends by allowing the obligees to participate in the distribution procedure of the insurance benefits deposited by the National Health Insurance Corporation, thereby acquiring dividends by taking over the remaining claims after the obligees received dividends from the obligees. This is an offense causing serious obstacles to the national judicial action, which is not the nature of the crime, is unreasonable, and the period of the crime is reasonable, and the amount of fraud is higher than the actual amount.

However, in light of the fact that the defendants are against the defendants and their mistake in depth, the proceeds of the crime seems not to have been ultimately reverted to the defendants, and the personal rehabilitation procedure against the defendant A was initiated, and it seems more reasonable to allow the creditors to recover their claims through the individual rehabilitation procedure by paying the proceeds by operating the hospital than the detention of the defendant, and the creditors also want to have the preference against the defendants. The defendant A did not have the same criminal record, and the defendant B did not have the first criminal record, and all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, etc. after the crime, the sentence against the defendant A and B is too unreasonable.

Defendant

C The crime of this case was committed by Defendant C in collusion with Defendant A by preparing a promissory note with an amount less than the actual claim against Defendant A, and then by taking part in the distribution procedure of the insurance benefits deposited by the National Health Insurance Corporation. This is the State.