beta
Text
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The gist of the grounds for appeal is that the judgment of the court below that the defendant, although he received legitimate hospitalized treatment on the part of the victim of a traffic accident, obtained insurance money by pretending as if the defendant suffered a large bodily injury although the defendant did not need to receive hospital treatment due to minor physical damage, is erroneous in the misapprehension of facts
2. Determination
A. Although there is no need to provide hospital treatment due to minor physical damage, the Defendant had the intent to obtain the insurance proceeds by pretending as if he suffered a serious injury, and on March 21, 201, when there was an accident that renders the instant traffic accident (hereinafter “instant traffic accident”) on the road in front of the Busan-dong Busan-dong Busan-dong-si, which was located in Kimhae-si, around March 21, 201, after taking advantage of the fact that approximately three insurance companies had already purchased three insurance policies during the city, the Defendant was hospitalized in the D Hospital located in Kimhae-si (hereinafter “instant hospital”) for 11 days from March 22, 2011 to April 1, 2011 (hereinafter “the instant hospital”), and submitted a medical treatment certificate from Samsung-si (hereinafter “the instant hospital”), which did not know of the fact that continuous observation or medication of medical professionals, treatment measures, etc. do not require continuous hospitalization, and submitted it to Samsung 2765 as the victim’s medical treatment certificate, etc.
B. The lower court found the Defendant guilty of the instant facts charged.
C. 1) Even if there is a reason to receive insurance money, if there is a reason to receive it, if excessive insurance money is paid through long-term hospitalization, etc. with the intention to acquire a large amount of insurance money that can be actually paid by means of deception, the crime of fraud is established against the whole insurance money received (see Supreme Court Decision 2007Do2134, May 11, 2007).