The defendant shall be innocent.

1. The summary of the facts charged was going back by the Defendant on October 19, 2016, at the right right angle of 32, 118, Seocheon-ro, Seocheon-ro, Taecheon-ro, 118, followed by the Defendant, around 11:07.

C Driving received hospitalized treatment at F.S. oriental medical hospitals, etc. located in Bupyeong-si E building from the same day to the 28th day of the same month, on the ground that D Driving caused damage due to the threat driving of a vehicle, which has lost its center and exceeded its face, etc.

However, in fact, the defendant was not caused by the vehicle or C due to the reason of the vehicle, but intentionally exceeded the insurance money by deceiving the disguised insurance money through transportation.

As above, the defendant deceiving KB Non-Life Insurance Co., Ltd. which is a company that subscribed to the above vehicle, and caused the above company to pay 1,396,890 won for the admission of the defendant to the above hospital, thereby making profits in property equivalent to the above amount.

2. Determination

A. The gist of the allegation is that the Defendant was killed due to a traffic accident, since he had lost the center of play on a vehicle actually driven by C, and therefore did not commit an insurance fraud.

B. Where the defendant falsely reported an insurance accident with intent to acquire insurance proceeds or intentionally caused an insurance accident, fraud regarding insurance proceeds is established. Furthermore, even if the defendant could have caused an insurance accident, he/she suffered minor injury due to an accident that may constitute an insurance accident.

Even if a person commits a crime of fraud against the entire insurance proceeds if he/she is hospitalized in a hospital for a long time and is paid excessive insurance proceeds for this reason by exaggerationing such injury with the intent to obtain insurance proceeds through deception (see Supreme Court Decision 2010Do17512, Feb. 24, 2011, etc.). Meanwhile, the probative value of the criminal facts charged in a criminal trial should be proven by the prosecutor, and the judge should be aware that the facts charged are true to the extent that there is no reasonable doubt.