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(영문) 의정부지방법원 2016.12.15 2014고정1321
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant from March 8, 2013 to the same year.

8. By the 24th day of 170 days in total, hospitalization was made at the Dental Medical Hospital located in Seodaemun-gu Seoul Metropolitan Government on the scarb, scarb and scarb and scarb, thickness, etc.

However, due to the above symptoms, the Defendant discharged the Defendant from the hospital of the National University before being hospitalized in the above hospital with the view that it is not in need of an operation treatment, etc., and the symptoms of the Defendant did not interfere with daily life, and it was sufficiently possible to treat the patient at the hospital.

However, the defendant was hospitalized for the purpose of receiving insurance proceeds, and then claimed insurance proceeds from AIG non-life insurance at several times in the same year.

4. The same year, around 30.30 1,230,000 won.

7.5.Woman 1,202,955 Won, 1.200

8.1.Around January, 201, a sum of KRW 3,934,105 was received and obtained through deception.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 2011). B.

Comprehensively taking account of the following circumstances acknowledged by the record, the evidence alone presented by the prosecutor was hospitalized as an intention to obtain insurance proceeds from the victim insurance company even though the defendant did not need hospitalized treatment.

Therefore, it is difficult to readily conclude that the instant facts charged was proven beyond a reasonable doubt. As such, it cannot be deemed that the instant facts charged was proven beyond a reasonable doubt.

1) At the time of hospitalization, the Defendant was accompanied by a cronology (I20.1) and a cronology (I50.1’s injury and disease) with a cronology such as chest and respiratory distress, etc. at the hospital of the National University of Korea.

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