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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendants, in collusion, by deceiving the victims who are an insurance company by means of deceiving them to undergo hospitalized treatment as if they were aware of the fact that they were dead; and (b) by receiving KRW 85,291,605 as insurance money from the victims; and (c) obtained them by deception; and
Nevertheless, the court below found the Defendants not guilty on the ground that there was no proof of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendants subscribed to a multiple insurance relationship as a de facto marital couple, and subscribed to receive insurance money as if they had received long-term hospitalized treatment, under the presumption that they were aware of the fact that they had been suffering from a
On April 12, 2010, the Defendants entered into an insurance contract with Defendant B or D (the omission of Defendant A), and with the insured as the insured, and entered into 16 insurance companies from around that time to July 13, 2010 as shown in the attached crime list (1) of the lower judgment.
around August 3, 2010, the Defendants: (a) explained that the Defendant A was hospitalized in the F Hospital located in Yancheon-gu, Ma at the end of July 2010 that the Defendants moved to the containers containing water at the home room of the Defendants located in the Yanju-gun, Yanju-gun; and (b) informed the Defendants of the fact that they were hurged; and (c) complained of an exaggeration of the painnan-gun’s pain, thereby being hospitalized into the symptoms, such as b3 days of hospitalization until the discharge from the hospital around August 25, 2010, and then, (d) accused the victims by means of submitting evidentiary documents, such as a written confirmation of hospitalization, while claiming for non-deposit insurance money, and (e) deceiving them.