The prosecutor's appeal is dismissed.

1. Examining the gist of the grounds for appeal (misunderstanding the facts) and the statement of H and F and the content of the set of hand-off against the Defendant, the Defendant, even after undergoing an cosmetic-related procedure, received a stratory heat treatment, interference wave current treatment, etc.

Since the insurance company received insurance money by false claim, it is sufficiently recognized that the defendant's insurance company's objection to insurance.

2. Determination

A. On May 16, 2014, the summary of the facts charged was that the Defendant did not go to the E Council member (hereinafter “instant hospital”) as stated in the written claim for insurance money at the time of entering the instant hospital (hereinafter “instant hospital”).

Nevertheless, the Defendant received a proposal from the head of the Counseling Office H that he/she would compensate for expenses for various cosmetic surgery, etc. through private insurance proceeds. As a result, the Defendant issued a ticket and a receipt for medical expenses, etc. from June 27, 2014 to January 29, 2015, stating that he/she had “the stratoth heat treatment, interference current treatment, and fixed-type water” and submitted it to the victim Samsung T&T insurance (State).

As above, the defendant deceivings the victim as above, and he received 2,466,100 won in total of insurance money from the damaged company as shown in No. 7 of the crime list of annexed crimes.

B. The lower court determined that the Defendant was aware of the intent to commit the instant fraud, or acquired insurance proceeds by deceiving the damaged company, based on the evidence submitted by the prosecutor alone, according to H’s counseling.

For reasons of insufficient conclusion, the defendant was acquitted.

(c)

The defendant's protocol of interrogation of a suspect against the defendant prepared by the assistant judicial police officer, who seems to correspond to the facts charged of this case, cannot be used as evidence, since he denies the contents of the protocol.

On the other hand, the following facts can be acknowledged in full view of the evidence duly adopted and examined by the court below.

1) The instant hospital is internal medicine, imposed, and non-humanistice, etc.