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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor including the reply to the request for review, such as the propriety of hospitalization, prepared by the Health Insurance Review Evaluation Institute as to the summary of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, but the court below acquitted the Defendant of the facts charged. In so doing, the court below erred by misapprehending the legal principles or misapprehending the legal principles.
2. Determination
A. On April 30, 2004, the summary of this part of the facts charged, the Defendant subscribed to CI insurance with love distribution of the victim's Korean-style life without distribution, CI insurance on August 30, 2004, CI Megara for the victim's non-distribution of the victim's life-free dividends, and on August 31, 2004, the victim's Bosch Rexroth Health Insurance.
When receiving hospitalized treatment, the Defendant knew that insurance money, such as major adult disease hospitalization expenses and hospitalization allowances, is to be paid according to each of the above insurance, and knew that there is no need for hospitalized treatment, or that only short-term hospitalized treatment requires hospital treatment, and received repeated hospitalized treatment and received the insurance money based on the confirmation document for entrance and discharge.
Accordingly, the Defendant was hospitalized for 20 days from July 7, 2008 to July 26, 2008 on the ground of dependence urology therapy, etc. at D hospitals located in Gwangju Northern-gu, Gwangju, but at the time, at the time, the Defendant was provided medical treatment for drugs, such as blood transfusion and he was provided for climatic surgery, and there was no need to undergo hospital treatment.
Nevertheless, on July 28, 2008, the Defendant claimed insurance money for the victim’s teaching life, merat-house life, and Korean-style life on the ground of the above hospitalized treatment. On July 29, 2008, the Defendant received insurance money for KRW 1,600,000 from the victim’s instruction life, KRW 1,200,000 from the victim’s merat-house life, KRW 832,000 from the victim’s Chinese-style life, and received total KRW 3,632,00,000 from the victim’s Chinese-style life, and received total KRW 3,632,00 from that time to May 31, 2014.