사기
The judgment of the court below is reversed.
The accused shall disclose the summary of the judgment of innocence.
1. The judgment of the court below guilty on the gist of the grounds of appeal is that it constitutes a mistake of fact, which affected the judgment.
2. On June 28, 2012, the summary of the facts charged: (a) the Defendant was hospitalized at a medical institution in order to receive insurance money in spite of the need for hospitalization after receiving the diagnosis of salinal salt from the second floor of E members in the Nam-gu Incheon Metropolitan City, E members of E members, who issued a false certificate of discharge from insurance money, so that he/she can receive insurance money and receive the insurance money; (b) the Defendant was hospitalized in the medical institution in order to receive insurance money, despite the need for hospitalization, after receiving the diagnosis of salinal salt, from the second floor of E members of the Incheon Metropolitan City,
However, there is no fact that the Defendant was hospitalized in Gmerdiative care hospital, such as leaving home in his home and living for his own house, etc.
In addition, from June 28, 2012 to August 2, 2012, in order to increase the number of days of one hospitalization, the E member was hospitalized, and from June 28, 2012 to August 2, 2012, on August 6, 2012, when four days have passed since the discharge, the admission and discharge was repeated, such as hospitalization in Gmerdic convalescent hospital, and received hospitalization and discharge, and received a false confirmation of admission and discharge.
Accordingly, the Defendant, based on the false hospitalization record, was issued to receive insurance money from the damaged insurance company, and was deceiving the victim insurance company by submitting a written confirmation of entry and discharge to four damaged insurance companies, including the private Samsung Bio-resources, and received total of KRW 23,359,145, as shown in the attached list of crimes from August 8, 2012 to June 18, 2013.
3. The lower court’s judgment, based on the prosecutor’s evidence as follows, found the Defendant guilty of the above facts charged: The Defendant’s partial statement in court; each police statement in relation to H, I, J, K, L, M, N,O, P, and Q; a copy of each police statement in relation to each police statement in relation to H, I, J, K, K, L, M, N, P, and Q; 4. The lower court’s judgment at the first instance court and the court’s duly