사기
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is that the Defendants were subject to traffic accidents as stated in the facts charged, and in fact, they were hospitalized at Ewon upon the doctor’s recommendation, and thus, the Defendants cannot be deemed to be false hospitalization. Therefore, the judgment of the court below which found the Defendants guilty is erroneous by misunderstanding the facts and affected the conclusion
2. Determination
A. Even if the defendant suffered minor injuries due to an accident that may constitute an insurance accident, if he/she is hospitalized in a hospital for a long time and receives excessive insurance money compared to actual damages on the ground of the exaggeration of the injury with the intention to acquire insurance money through deception, it shall be deemed that fraud is established against the whole insurance money.
(see, e.g., Supreme Court Decisions 2003Do477, Jun. 13, 2003; 2007Do2134, May 11, 2007). In addition, insofar as the criminal intent of defraudation, which is a subjective constituent element of a crime of fraud, does not make a confession, it is inevitable to determine by comprehensively taking account of objective circumstances, such as the defendant’s financial history, environment, details of the crime, and the process of performing transactions, etc., before and after the crime, and the crime of fraud is also established by willful negligence.
(See Supreme Court Decision 2007Do10416 Decided February 28, 2008 and Supreme Court Decision 2008Do443 Decided March 27, 2008, etc.) B.
Based on the above legal principles, the following circumstances acknowledged by the records of this case, namely, E-wons hospitalized by the Defendants, were hospital operated by the method of claiming excessive or unlawful insurance money to the level of 70% of patients suffering from traffic accident, the Defendants did not receive proper hospital treatment during the hospitalization period (in particular, during the night period), and the Defendants voluntarily sent out for a long time during the hospitalization period.