A. In fact, the Defendant, when paying a considerable amount of insurance premium compared to monthly income and economic power, simultaneously subscribed to several insurances; the fact that the Defendant was hospitalized for more than 900 years for a minor who cares alone; the details of recovery and receipt of insurance money claimed by the Defendant; and the need for hospitalized treatment in light of the content of the disease claimed by the Defendant at the time of hospitalization as indicated in No. 23, 28, and 41 per annum of crime sight table as indicated in the lower judgment.

Comprehensively taking account of the facts that it is difficult to see, among the facts charged in this case, each of the frauds described in Nos. 23,28, and 41 in the crime sight table as indicated in the judgment below was sufficiently proven.

must be viewed.

B. In light of the fact that the amount of defraudation of the crime of this case, which is unfair in sentencing, is a total of 285 million won, and the damage has not been recovered properly, the punishment sentenced by the court below (one year of imprisonment with prison labor and two years of suspended execution) is too uneasy and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of fact on the grounds of the detailed reasoning as indicated in its reasoning, that each of the frauds stated in Nos. 23, 28, and 41 as indicated in the List of Crimes in the instant facts charged in the judgment below constituted a case where there is no proof of crime

In full view of the circumstances in the reasoning of the lower judgment admitted by the evidence duly admitted and examined by the lower court, each of the frauds listed in Nos. 23, 28, and 41 as indicated in the judgment below among the facts charged in the instant case was proven beyond a reasonable doubt.

It is difficult to see it.

Therefore, the above judgment of the court below is just and acceptable, and there are errors in the misapprehension of facts alleged by the prosecutor.

subsection (b) of this section.

The prosecutor's assertion of mistake is without merit.

B. The Defendant did not have any history of criminal punishment prior to the instant case.

otherwise favorable to or against the defendant.