보험사기방지특별법위반등
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Comprehensively taking account of the evidence presented by the prosecutor of the gist of the grounds for appeal, the Defendant, as stated in the facts charged in the instant case, can be acknowledged that the Defendant received the insurance money from the insurance company after being hospitalized in the F Hospital and received treatment without the need of hospitalization.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Before the judgment on the grounds for appeal on the amendment of a bill of indictment ex officio, the Prosecutor changed the existing facts charged as stated in the primary facts charged and maintained it as the primary facts charged, and in addition, the Prosecutor applied for the amendment of a bill of indictment with the addition of the ancillary facts charged as stated in the following ancillary facts. Since this Court permitted the amendment, the judgment of the court below cannot be maintained as it is.
However, despite the above reasons for ex officio destruction, amendments to the indictment of the first instance on the charges are merely a modification of the contents of the previous charges with the main content that “the defendant received hospitalized treatment with the intention of receiving insurance money by the intention of receiving the insurance money,” while maintaining most of the previous charges, and thus, the prosecutor’s assertion of mistake of facts against the original judgment is still subject to the judgment of this court. Accordingly, the prosecutor’s argument
3. Summary of the modified facts charged
A. The primary facts charged B, C, based on the fact that the Korean medicine doctor operating a F Hospital in Seo-gu, Busan, could cover 90% of the hospital cost in the event the patients insured by hand receive hospital treatment, and the patients insured by hand can cover the amount of 90% of the hospital cost. The treatment program basically includes hospital fee, food, intrusion treatment, high quality treatment, and veterinary treatment, and pressure labor-related injection (three times a week).