사기
The prosecutor's appeal is dismissed.
1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below erred by misapprehending the legal principles or misconception of facts, although the defendant could have acknowledged the fact that he had been hospitalized unnecessary and claimed insurance money and acquired it by fraud.
2. Determination
A. The summary of the facts charged is that the Defendant, who is a person engaged in daily-service labor, was able to receive insurance money from the private insurance company that has subscribed in his/her name, and is engaged in physical coloring the E members operated by medical personnel D who issue false certificates of entry and discharge to receive the insurance money.
On March 13, 2013, 2013, the Defendant was diagnosed as “verteball disease” with doctors D on the second floor of E Council members in the Nam-gu Incheon Metropolitan City F, and was hospitalized in medical institutions so that the Defendant can receive insurance money after receiving only physical treatment after having prescribed physical treatment.
However, without being hospitalized in G hospital, the Defendant was hospitalized for 14 days to E Council members for 14 days without being hospitalized, and without being hospitalized for 14 days after being hospitalized.
As a result, the Defendant, based on false hospitalization records, received a written confirmation of admission and discharge from the damaged insurance company, and accused him/her by submitting a written confirmation of admission and discharge to 4 companies, including the modern sea of the damaged insurance company, and received a total of KRW 2,864,760 from February 06, 2013 to April 11, 2013, and received a total of KRW 2,864,760, respectively.
B. The lower court’s judgment: (a) the following circumstances revealed by the evidence duly admitted and investigated by the lower court; (b) in the case of the police interrogation protocol that the witness H stated in the investigation process, the signature and seal of H cannot be used as evidence; and (c) H did not reside in the hospital for 24 hours, including the Defendant’s going out during the period of admission, but is falsely hospitalized.