beta
Text
All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The court below rejected all applications for each compensation order filed by an applicant for compensation, and the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is not possible, and each application for compensation order became final and conclusive immediately.
Therefore, among the judgment below, the rejection of each application for compensation order is excluded from the scope of the trial of the party.
2. Comprehensively taking account of the evidence submitted by the Prosecutor as to the gist of the grounds for appeal (deficiencies), the Defendants can be found to have obtained insurance money through false hospitalization, such as repeated hospitalization and discharge, by which the Defendants are unable to obtain the above-mentioned hospitalization.
Nevertheless, since the court below acquitted all the Defendants, the court below erred by misapprehending the facts.
3. Determination
A. A summary of the facts charged in this case 1) around November 15, 2009, Defendant A: (a) at L Hospital located in K in Nam-si, Namyang-si, stating that “the flowers leaves have been cut down in the toilet,” and hospitalized for nine days; and (b) claimed insurance proceeds to C on December 14, 2009, the victim corporation. However, the Defendant did not have been hospitalized in the hospital as much as the Defendant could have been hospitalized in the hospital; and (c) made false hospitalization in order to take out insurance proceeds. The Defendant deceiving the employees of the victim corporation as above, received insurance proceeds of KRW 274,323 from the victim on December 274, 2009; (d) from the date and time to November 15, 2013, the Defendant was hospitalized with the victim’s insurance company for 19 hours in total and transferred the insurance proceeds from the victim’s insurance company on December 14, 2009 and transferred the insurance proceeds to 19 days in total from the victim No.2127.2.
However, the facts are that the defendant is hospitalized in the hospital.