사기
The judgment of the court below is reversed.
Defendants are not guilty.
1. The summary of the grounds for appeal was as follows: (a) the Defendants actually received the necessity of hospitalized treatment due to each pain or disease stated in the list of crimes listed in the separate sheet of crimes (hereinafter “the list of crimes”) as indicated in the judgment of the court below; (b) and (c) the Defendants received respectively hospitalized treatment as indicated in the list of crimes according to the medical doctor’s recommendation or instruction; and (d) the Defendants did not receive hospitalized treatment even if there was no need for hospitalized treatment, or received long-term hospitalized treatment exceeding the actual necessary hospitalization period.
Nevertheless, the judgment of the court below which found the Defendants guilty of the facts charged of this case by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment, on the ground that the Defendants continued to be hospitalized by a method of exaggerationing the symptoms, etc., and acquired money from each victim Dong Life Insurance Co., Ltd. in the name of each insurance money.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendants came to know of the fact that a large amount of insurance money is paid in addition to the amount of hospitalization normally paid in the event of long-term hospitalization in the same hospital under the name of the same hospital, and the amount of insurance money is paid in addition to the medical expenses. The fact is sufficient for the medical treatment because of the need for long-term hospitalization or the result of the examination that there is no special opinion and no specific treatment, and thus, it is possible to issue a medical certificate or long-term hospitalization after purchasing several insurance contracts to the insurance company, and to make it easy for the insurance company to issue a medical certificate or the long-term hospitalization
1) Defendant A was hospitalized for about 19 days by March 6, 2009, even though it was appropriate to receive hospitalization from the Fnean-gu Seoul Metropolitan Government Council member on February 16, 2009, and from approximately 7 days, such as “the verteline of vertebranes”, Defendant A received hospitalization for about 19 days. Defendant A was hospitalized on April 3, 2009.