사기
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The gist of the prosecutor's grounds for appeal is that since the defendant claimed insurance money as if he was hospitalized in the hospital for 2 days at the time of 1st century despite having actually received hospital treatment and received insurance money as stated in the facts charged, a crime of fraud is fully recognized against the defendant. However, the court below erred by misunderstanding the fact that the court below acquitted the defendant, thereby affecting the conclusion
2. Summary of the facts charged in this case and the judgment of the court below
A. A. Around 2, 2008, the Defendant submitted a false medical certificate, a hospitalization certificate, and a medical fee receipt, etc. issued by the above doctor D, as if he/she performed a surgery to receive insurance money by being hospitalized in order to receive insurance money in a false manner, to a merz fire insurance company in which the Defendant subscribed, even though he/she performed a funeral operation at a clinic of the Nam-gu Incheon Metropolitan City, Incheon.
In addition, it received from the above Mzz fire insurance company an amount equivalent to KRW 1,437,630 of the insurance money in the name of hospital treatment expenses from the above Mzz fire insurance company and acquired it by fraud.
B. As to the judgment of the court below, the court below acquitted the defendant on the ground that it is difficult to recognize that the defendant, on the sole basis of the evidence submitted by the prosecutor, did not receive hospitalized treatment but, as if he had received hospitalized treatment, by deceiving the victim and
3. The determination of a medical personnel’s hospitalization means, in a case where continuous observation of a medical personnel is necessary in relation to the side effects of a very low resistance to, or the side effects of, a drug administered by, the patient’s disease or the side effects of its incidental effects, the patient suffers medical treatment while staying in the hospital due to the need for continuous management of the nutritional conditions and drinking foods, so that the patient’s outpatient treatment, etc. is likely to cause more inconvenience to medical treatment, or where the patient’s condition is in a state of being unable to cope with the patient’s disease or where there is a risk of infection.