사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is erroneous in the misapprehension of facts that the lower court found the Defendant guilty of this part of the facts charged, and thereby adversely affected the conclusion of the judgment, even though the Defendant knew that the Defendant was aware of the agreed amount to be agreed upon after receiving the outpatient treatment and received it from the victim Samsung Fire Insurance Corporation.
2. In a case where the Defendant denies the criminal intent, the facts constituting the subjective element of such crime are bound to be proven by the method of proving indirect or circumstantial facts having considerable relevance with the criminal intent due to the nature of things. In this case, what constitutes the indirect or circumstantial facts having considerable relevance with the criminal intent should be determined by the method of reasonably determining the link of facts based on the close observation or analysis capabilities based on normal empirical rule.
On the other hand, the willful negligence as a subjective element of the constituent element of a crime must be aware of the possibility of occurrence of the crime, and furthermore, to allow the risk of occurrence of the crime. Whether the actor has accepted the possibility of occurrence of the crime should be confirmed from the standpoint of the offender, taking into account how the general public can assess the possibility of occurrence of the crime based on specific circumstances, such as the form of the act performed outside and the situation of the act, without depending on the statement of the offender.
(see, e.g., Supreme Court Decision 2010Do8750, Nov. 10, 201). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant found a hospital to treat her child after the occurrence of a traffic accident and sought to receive the level of her examination at the time of the occurrence of the traffic accident, but rather, a written hospitalization pledge as to her own.