The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the charge of this case on the ground that the defendant intentionally caused a traffic accident in order to receive insurance money.

2. Determination

A. The summary of the facts charged is that the Defendant intentionally caused a traffic accident resulting from a certain injury under the victim’s social change insurance company (hereinafter “school life insurance”) and the victim’s dong Fire and Marine Insurance Co., Ltd. (hereinafter “Dong Sub-fire”)’s purchase of an insurance policy, and that the Defendant was willing to buy an insurance policy higher than the existing insurance policy for the purpose of receiving the insurance money.

Around September 30, 2009, the Defendant did not own a self-owned vehicle and did not drive ordinary car as its main business, and there is no need to purchase high-priced insurance because he did not frequently drive a long distance. However, around September 30, 2009, around 10 days, the Defendant subscribed to an insurance policy of the victim interesting country life insurance Co., Ltd. (hereinafter “interest life insurance”), and around October 8, 2009, the hub of the victim Samsung Fire & Marine Insurance Co., Ltd. (hereinafter “Tsung fire”).

The above two insurances have reached a total of KRW 520,00,000,000, and not paid insurance money in full by each insurer, but can expect that if a traffic accident occurs, a considerable amount of insurance money can be paid. Accordingly, in order to cause a traffic accident on purpose, the defendant requested a siren company to buy a car insurance policy in advance, and then he sent an Aburged car with an Aburgic white bag attached around October 12, 2009.

On October 18, 2009, the Defendant directly durged the automobile at the upper half of 20:00.