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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the summary of the grounds for appeal, the defendant conspired with C in collusion with the victim LIG Co., Ltd. in order to receive treatment in a minor traffic accident as stated in the facts charged of this case, and could sufficiently recognize the fact that he had acquired money and pecuniary benefits from the victim under the pretext of C, H, and the defendant's agreement and treatment expenses. However, the court below acquitted the defendant of this case on the ground that there was no proof of a crime, which affected the conclusion of the judgment by
2. Determination
A. The summary of the facts charged of the instant case, Defendant C and C had a mind to obtain insurance money by being hospitalized in a hospital even if there were minor accidents.
From October 7, 2010, F is driven by C while bypassing the amount of G rocketing passenger cars driven by C at the front of the E elementary school located in the Jindo Sea-gu, Changwon-si D, Changwon-si, and H and the Defendant contacts the amount of I EX car to be boarded.
As such, the Defendant and C were hospitalized in the hospital even though there was no need to be hospitalized due to minor accidents that amount to KRW 352,000 of physical damage for the purpose of receiving the agreed amount from the insurance company.
After that, around October 12, 2010, H had the victim LIG Co., Ltd. remit KRW 950,00, the defendant 850,000, and C around October 14, 2010, respectively, receive KRW 800,000, and around October 14, 2010, the defendant, C had the above victim receive KRW 276,310 as the medical expenses of J Hospital around October 15, 2010, and KRW 393,940 as the medical expenses of H, and KRW 334,20 as the medical expenses of the defendant, and acquired financial benefits from the victim.
Accordingly, the Defendant, in collusion with C, deceiving the victim, and sum of C’s KRW 1,076,310, and H’s KRW 1,343,940, and Defendant’s KRW 1,184,20.