The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the fraud, it is recognized that the defendant acquired allowances by deceiving the defendant as if he would normally maintain the insurance contract, considering the fact that the insurance contract was concluded in the name of his neighbors, that the insurance contract was maintained only in a short period and that it was terminated without contact with the policyholder.

B. In relation to theless fact, the defendant stated that there was no fact that the witness MDoD was injured at the time and place of the defendant's assertion that he was injured, and that there was no fact that there was a physical fighting even if the recording of the scene was recorded at that time, it is recognized that the defendant was dismissed.

2. Determination

A. As to fraud, the Defendant in this part of the facts charged: (a) was willing to enter into an insurance contract in the name of F in de facto marital relationship with the victim E, a joint insurance solicitor operated by the victim D in Suwon-si, and acquired allowances from the victim; (b) around May 31, 2012, in the above E office, F entered into a life insurance contract with the policyholder and the insured at the end of the month, and paid 395,200 won monthly insurance premium on three occasions, and deceiving the victim as if he would normally maintain an insurance contract; (c) from April 30, 2012 to August 31, 2012, the Defendant was paid 3,101,332 won allowances from the victim; and (d) concluded an insurance contract with the policyholder upon being aware of the intent or capability of obtaining allowances from the victim as stated in the attached list of crimes; and (e) concluded the insurance contract with the prosecutor on the premise that the Defendant had no capacity to maintain the insurance contract.