On October 25, 2016, the Defendant, at around October 25, 2016, passed a minor traffic accident that occurred in the alley path located in the Yandong, Incheon Metropolitan City, with the intent to obtain insurance money from an insurance company that has joined the other vehicle through false hospitalization in the context of agreements and medical expenses, although the fact is not in need of hospital treatment.

The Defendant, from October 25, 2016 to November 31, 2016, hospitalized at C Council members located in Siried City B from around October 25, 2016, and did not have been hospitalized in addition to physical therapy. However, around October 28, 2016, the Defendant submitted a written confirmation of hospitalization issued excessive or false hospitalization as above while claiming insurance money to the victim D, who is an insurance company of the counterpart vehicle, and then acquired the insurance money from the victim under the pretext of agreement around October 31, 2016, 90,000 won, and 453,240 won under the pretext of medical treatment around November 14, 2016.

2. Determination

A. In light of the following circumstances revealed by the record, it is difficult to recognize that the defendant acquired insurance proceeds by deceiving the insurer on the occurrence, cause, or content of the insurance accident by the intent to acquire the insurance proceeds, solely based on evidence, such as blood pressure list, telephone statement, police statement about E and F, which are the hospital employees, submitted by the prosecutor, and there is no other evidence to acknowledge otherwise.

1 이 사건 교통사고는 피고인이 오토바이를 운전하던 중 카니발 승합차량과 충돌하여 5m 정도 붕 떴다가 노래방 간판에 부딪히고 떨어져 잠시 의식을 잃고 위 오토바이도 전체적으로 다 파손된 사고로서 사고의 정도가 가볍지 않고, 피고인은 사고 직후에는 입원을 하지 않아도 될 것 같았으나 새벽에 너무 아파 C의원을 찾아가...