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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) does not have any evidence to prove that the defendant suffered an injury due to an accident that goes beyond the actually office stairs around April 10, 2009, and even if he was hospitalized in the hospital, 32 days or hospital merely go beyond the stairs, it goes against the common sense, and this part of the facts charged against the defendant is identical to the facts charged against the defendant guilty and the method of the crime committed, so it shall be deemed that fraud is established as to this part of the facts charged against the defendant, and the judgment of the court below which acquitted the defendant on a different premise, thereby affecting the conclusion of the judgment.
2. Determination
A. A. Around April 10, 2009, the summary of the facts charged (as indicated in the judgment of the court below, Nos. 3 Nos. 1 and 2 frauds) the Defendant was hospitalized for 32 days from April 10, 2009 to May 11, 2009, while the Defendant was hospitalized in the “T Hospital” located in W at the original city as of the same day for the purpose of acquiring insurance money in spite of the fact that the Defendant had not suffered any injury to the extent of being hospitalized at the hospital by exceeding the front stairs 102, the dwelling area of the Defendant D living together with the Defendant, which is the dwelling area of the Defendant A.
On May 12, 2009, the Defendant submitted to Samsung Fire and Marine Insurance Co., Ltd. a written claim for the payment that, on May 12, 2009, the Defendant paid insurance money to the Defendant’s account along with a certificate of entry and discharge issued by the “T Hospital,” and that, around June 29, 2009, the Defendant received insurance money of KRW 1,767,737 from the victim Samsung Fire and Marine Insurance Co., Ltd. to the Defendant’s new cooperative account, which is the account designated by the Defendant, and that the Defendant received KRW 1,767,737 from the victim Samsung Fire and Marine Insurance Co., Ltd. and received the insurance money of KRW 1,767,737 from the victim Samsung Fire & Marine Insurance Co., Ltd., and that the Defendant did not suffer injury to the hospital due to an accident