사기등
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal, according to the previous contents of the Defendant’s hospitalized treatment and the details of the insurance consultation call, it seems that the Defendant concluded the instant insurance contract without notifying king (defluence, etc.) and was aware that there was a high possibility that the Defendant would continue hospitalized treatment due to the above disease. Therefore, the Defendant is aware of the criminal intent by deception.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of judgment.
2. Examining the reasoning of the lower judgment in light of the records, a thorough examination of the records reveals that the lower court had a criminal intent to acquire by deception against the Defendant for the reasons indicated in its reasoning.
It is difficult to recognize
In light of the above, the judgment of not guilty of the facts charged in this case is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor (the result of factual inquiry about C hospital, E institution, and Kimhae-do hospital cannot be viewed any differently as above). 3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.