A. The Defendant, at the time of entering into the instant insurance contract, told the insurance designer that he would be offsee, but the insurance designer could benefit from the injury insurance.

After the accident in this case, the officer or employee of the hospital knew that he can receive insurance money even if he had been able to get off the Obaba, and after the accident in this case, "Obaba accident is complicated and difficult to process the National Health Insurance Claim, and therefore, the accident has occurred.

The court below found the defendant guilty of the facts charged of this case, which stated that the claim for the insurance money of this case was an injury caused by a bicycle accident, and although the defendant did not intend to obtain insurance money by deceiving the victim company, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The Defendant’s confession at the court of first instance as to the assertion of mistake of facts alone is not likely to have the probative value or credibility of the confession, solely on the grounds that the confession at the court of appeal differs from the legal statement in the appellate court.

In determining the credibility of confessions, the credibility of confessions should be determined in consideration of whether the contents of confessions are objectively rational, what is the motive or reason for confessions, what is the reason leading up to confessions, and what is the reason why confessions do not conflict with or contradictory to confessions among other evidence (see Supreme Court Decision 2010Do2556, Apr. 29, 2010). According to the records, the defendant reviewed the facts charged in this case with the assistance of the counsel of the state party in the court of original instance, and recognized that he was led to confessions on the second trial date after examining the facts charged in this case with the assistance of the counsel of the State party in the court of original instance, and if there are such circumstances, the defendant has sufficiently recognized and led to confessions.