사기
The prosecutor's appeal is dismissed.
An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the criminal intent of defraudation is sufficiently recognized since the defendant was hospitalized by making the doctor mistake about his/her symptoms in order to receive insurance money after having subscribed to multiple insurance policies and received the payment of insurance money, and the defendant was actually treated as requiring hospital treatment.
Nevertheless, it has been proved that there is no reasonable doubt that there is a criminal intent to obtain fraud against the accused.
It is difficult to see
In the judgment below, there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. In light of the following facts and circumstances acknowledged by the record, the lower court, based on the evidence submitted by the prosecutor, proven that the Defendant was hospitalized or hospitalized for a long time beyond the necessary scope, even if there is no need for hospitalized treatment in order to acquire insurance money by fraud, and that there is no
For the reasons that it is difficult to see that the defendant was acquitted.
① The claim for and payment of insurance money, medical records, etc. are only evidence that the Defendant received hospitalized treatment as stated in the list of crimes attached to the judgment of the court below and recognized the receipt of the payment thereof.
② The F’s investigative agency and legal statement are merely the purport that the insurance fraud is doubtful from the standpoint of the person in charge of investigating the Insurance Review Team of the Korea Life Insurance Co., Ltd., and the result of analyzing the information on the suspicion of insurance fraud by the Financial Supervisory Service is the insurance fraud by the Korea Life Insurance Co., Ltd., and according to the contents of the report, according to the fact that the insurance fraud by the Defendant is doubtful, it is merely
3. Reviewing whether the Defendant prepared by the Health Insurance Evaluation Institute (hereinafter referred to as the “Evaluation Institute”) is appropriate for hospitalization and treatment shall be submitted.