사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The gist of the grounds for appeal is that the sentence of the lower court [the suspended sentence (the suspended sentence: a fine of KRW 500,000), Defendant B: the suspended sentence (the suspended sentence: a fine of KRW 2 million)] is too uneasy and unreasonable.
2. The instant crime committed by the Defendants, as if the Defendants were to undergo the procedure of management of the skin for the purpose other than the purpose of treatment and received correctional treatment such as the outpatient treatment, claiming insurance proceeds to the damaged insurance company, and Defendant A received total amount of KRW 1,525,800, and Defendant B received total amount of KRW 3,420,000 from the Defendant Company B, and such insurance fraud is deemed to be a serious need in that it harms the basis of the insurance finance, and thus, returns the damage to a large number of insurance subscribers.
However, the defendants recognized each of the crimes of this case and reflects on the fact that the defendants can be treated as actual damage insurance even after being under custody of skin management, etc. at the hospital of this case or under actual correctional treatment from the side of the above hospital while receiving correction treatment, and the above hospital submitted false details of medical expenses and receipts issued by the above hospital and received insurance money, and there are circumstances that can be considered in the course of the crime, and each insurance money acquired by the above hospital is somewhat small, and all the defendants agreed to compensate for damage to the damaged insurance company, there is no history of criminal punishment, and Defendant B did not have any history of crime other than punishment of fines once for this crime, and there is no other record of crime other than punishment of fines for this case, and considering the defendants' age, sex, environment, family relationship, crime motive and circumstances after the crime, etc., the prosecutor's assertion that the court below's punishment is too unjustifiable, and thus, the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.