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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (the fact-finding) is that the Defendant, who is an employee of the victimized Company, submitted a receipt of expenses not related to the medical expenses by facsimile several times in contact with K, who is an employee of the victimized Company, and K knowingly paid the insurance money to the Defendant. Since the Defendant did not deceiving K, the Defendant is not guilty
2. On June 20, 2008, at around 15:20 on June 20, 2008, the Defendant suffered an injury to the aggregate caused by a traffic accident that occurred between the Ethroman car and Gunst car driven by the Defendant on the front of the Yeonsu-gu Incheon Metropolitan City D apartment.
In such a case, the defendant was aware that he would pay the medical care costs before the operation, and he was willing to falsely claim the medical care costs.
On June 2, 2010, the Defendant purchased books equivalent to KRW 44,50 from I to 44,500 in Yeonsu-gu Incheon Metropolitan City H, and copied the name of the credit card merchant to Y, and entered the “J” in the franchise store column. On June 22, 2010, the Defendant was ordered to receive insurance proceeds from the victim directly from 44 times as indicated in the [Attachment] List of Crimes (the crime list of the lower judgment pursuant to Article 369 of the Criminal Procedure Act) Nos. 1 to 444, as stated in the [Attachment] List of Crimes (the crime list of the lower court) between October 12, 2009 and August 5, 201, by claiming direct payment expenses from K, who is an employee of the victim AXAC Tex (hereinafter “victim”) and claiming compensation from the victim under his/her jurisdiction. The Defendant was ordered to receive the order from the victim directly from 274 times in the name of the victim.
3. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to ensure that the facts charged are true to the extent that there is no reasonable doubt by the judge.