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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant, even if having actually received hospital treatment, was hospitalized for 2 days of gambling, by deceiving the victim insurance company, and accordingly, acquired property by deceiving at least 1 to 50,000 won of hospitalization allowances.
Nevertheless, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendant returned to Korea from the WT who treated livers specialized in the 6th floor of Bupyeong-gu Incheon, Bupyeong-gu V history on February 19, 2010, without hospitalized treatment; (b) the Defendant obtained a false certificate of hospitalization stating the content of being hospitalized for two days, and received a false certificate of hospitalization on February 22, 2010; (c) filed a claim for insurance proceeds with Samsung Fire Insurance Co., Ltd.; (d) filed a claim for insurance proceeds with the insurance company; and (e) filed an insurance company
2. It was received around 25 2,557,520 won.
B. The lower court determined as follows: ① Whether hospitalization of a patient is necessary is based on the patient’s specific circumstances, and the patient’s degree of recovery can be determined for each patient after the surgery, and the patient’s emergency situation may arise due to combined symptoms, side effects, etc.; thus, it cannot be readily concluded that hospitalization is unnecessary without any need to be conducted after the surgery (the patient who complained of serious pain among the patients who undergone an operation for domincing and hospitalized seems to have many patients), ② In general, hospitalization refers to the patient’s treatment under the observation and management of medical professionals while staying in the hospital for more than 6 hours, according to the relevant provisions, such as “detailed details on the criteria and methods for the application of medical care benefits,” which is publicly notified by the Ministry of Health and Welfare, and thus, it means that the patient suffers from medical treatment under the observation and management of the medical professionals. The accurate time for entrance and discharge is not submitted.