사기등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor as stated in the facts charged in the instant case, the following facts are acknowledged: (a) the Defendant, as stated in the instant facts charged, obtained a diagnosis of a disability disorder with which the disability rate was unfasible and acquired insurance proceeds from the victim KK corporation, and (b) obtained insurance proceeds from the victim S corporation by fraud; and (c) although the Defendant claimed insurance proceeds from the above method, the Defendant did not pay insurance proceeds for attempted crimes due to suspicion of the physical injury of the Defendant in the victim S corporation.
However, since the court below acquitted all of the facts charged of this case, the court below erred by misapprehending the facts.
2. Determination
A. On September 30, 2014, the Defendant received hospital treatment for physical therapy and rehabilitation treatment at the F Hospital located in Gyeyang-gu, Seoyang-si, Busan-si, and H Hospital located in Seoyang-gu, Seoul, for the reason that the Defendant received physical therapy and rehabilitation treatment from the hospital’s left-hand 6% of the disability rate for the reason that he/she did not receive the treatment from the hospital’s left-hand ero-mail at the hospital located in Seoyang-gu, Seoyang-gu, Seoul, due to vertyang-si to the vertebro-si, from October 1, 2014 to January 12, 2015. < Amended by Presidential Decree No. 25787, Oct. 1, 2015>
1) In order to receive insurance proceeds from a victim KK Co., Ltd., which joined on January 31, 1996, the Defendant filed a claim for insurance proceeds with the victim company located in Yongsan-gu Seoul, Yongsan-gu, Seoul on October 16, 2015, along with the latter disability diagnosis certificate, on October 13, 2015. However, in fact, the Defendant, despite the fact that he/she was able to normally drive his/her left arms and legs, even if he/she had been in charge of his/her own trade and legs, was subject to restrictions on the scope of the exercise of his/her left arms and legs (on the left part).