The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

Comprehensively taking account of the evidence submitted by the prosecutor, the defendant is found to have received insurance money from an insurance company and acquired it by fraud after being hospitalized in the E hospital without the necessity of hospitalization.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

In addition, the lower court erred by misapprehending the judgment on whether the Defendant acquired insurance money from the insurance company using a false medical expense statement.

We examine ex officio the judgment on the grounds for appeal following the amendment of indictment.

The following 3-A of the existing facts charged which was pronounced not guilty in the court below for the first time by the prosecutor.

In addition to the amendments described in paragraph 3(b), they shall be maintained as the primary facts charged, and the following three-B.

As stated in the paragraph, an application for permission to amend the Bill of Indictment was filed with the addition of the ancillary charges, and the subject of the adjudication was changed by this court, so the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the amendment of indictment to the existing facts charged is merely a part of the explanation of the operation method of the E Hospital that is not directly related to the sex of the crime among the facts charged, and thus, the prosecutor's assertion of mistake of facts against the original judgment is still subject to the judgment of the court, and thus, the prosecutor's argument

The summary of the revised facts charged B, C, based on the fact that the Korean medical doctor operating the E Hospital located in Seo-gu, Busan, and the patients, who have purchased the loss insurance, can deal with the insurance contract at least 90% of the hospital cost when they receive the hospital treatment.