사기등
All of the appeals by prosecutors are dismissed.
1. According to the opinion of the Health Insurance Review and Assessment Service on the summary of the grounds of appeal, the defendants' hospitalization as to the facts charged in this case exceeds the proper number of hospitalization days, and the defendants purchased 63 excessive insurance as one family members and paid monthly insurance premiums corresponding to a considerable portion of monthly income of family members. All of the above insurance are guaranteed insurance that is paid at a fixed rate according to the period of hospitalization, not the actual damage insurance, and the defendants are hospitalized after being admitted to a large number of insurance, and the defendants received insurance money after being admitted. In addition, in the defendants' hospitalization behavior, it is difficult to regard the defendants as normal patients due to frequent appearance of unauthorized outing, and there are many details of hospitalization at the same time, and all of the family members were hospitalized at another hospital, and all of them were not hospitalized at the hospital. In full view of the above facts charged in this case, the judgment of the court below which acquitted the defendants.
2. Determination
A. The lower court, based on the circumstances indicated in its reasoning, even if there are doubtss about long-term hospitalization of the Defendants and the receipt of the insurance proceeds therefrom under a variety of indirect circumstances acknowledged through the evidence submitted by the prosecutor, and the Defendants were hospitalized excessively with the intent to acquire the insurance proceeds from the insurance company, which is the victim, by fraud.
It is difficult to readily conclude that the Defendants were hospitalized even if there was no need for hospitalized treatment, and on the grounds that the evidence submitted by the prosecutor alone cannot be deemed as proven beyond a reasonable doubt, the lower court acquitted the Defendants of the facts charged.
B. To examine the evidence duly adopted and examined by the court below in light of the records, the prosecutor failed to submit additional evidence that can reverse the judgment of the court below at the court below.