2015 initially 2752 Application for a compensation order

B

C

D

Attorney F in charge

Attorney G (private election for the defendant C)

Law Firm H (private line for Defendant D)

Attorney in charge 1

An application filed by an applicant for compensation shall be dismissed.

After the Defendants subscribed to a short-term security insurance, the Defendants conspired to receive insurance proceeds by repeatedly committing minor diseases, such as knee, knee, hume, hume, and hume, which are sufficiently able to receive medical care, or disguised infection, with the aim of maintaining the insurance contract by receiving a large amount of hospitalization insurance proceeds from the damaged insurance company and paying the monthly insurance premiums, and maintaining the long-term hospitalization at Kimhae and Busan for the purpose of meeting the living expenses.

1. Defendant A’s crime;

A. Defendant A’s sole criminal conduct

On August 26, 2005, the Defendant subscribed to 17 insurance companies until June 17, 2009 with total amount of 20 insurance companies until June 2009, including 17 insurance companies, including 17 insured workers and contractors, her own as contract holders, her sonJ as contract holders, and her her son as contract holders, and her son B as contract holders, and subscribed to designate the contractor's name as deposit holders and use the insurance proceeds.

In the event of surgery or hospitalization due to disease or disaster, the defendant had the mind to be hospitalized and receive insurance money even if it is not actually required to be hospitalized by using the terms and conditions of the above insurance products that can receive insurance money.

From January 3, 2008 to January 15, 2008, the Defendant hospitalized the L Council members located in the Dong-gu Busan Metropolitan City on the grounds of both sleeping slock, etc., on February 11, 2008, and filed an application for insurance money by submitting a written confirmation of entry and discharge, etc. to the victim Korea Life Insurance Co., Ltd. on February 13, 2008 and to the victim LI and the life insurance company on February 13, 2008. However, there was a fact that the Defendant had undergone surgery at another hospital or hospitalized treatment without continuous examination or observation during the period of hospitalization, and there was no need for an outpatient treatment by repeatedly prescribing only eating drugs, injection, and physical therapy during the period of hospitalization and from time to time going outside the hospital, and doing food and shopping, or by viewing an individual day.

Nevertheless, the Defendant: (a) by deceiving the victims on February 13, 2008; (b) received KRW 300,000 as insurance money from the Korea Life Insurance Co., Ltd. on March 10, 2008; and (c) received KRW 440,000 as insurance money from the victim Lasia or Life Insurance Co., Ltd. on March 10, 2008; and (b) around that time, from around December 31, 2013 to December 31, 2013, added the list of crimes (attached Form 1 to (1) through (8) and (10) in the attached list of crimes (attached Form 1 to (1) and (10) as an accompanying file) by deceiving the victims for surgery and hospitalization on a false basis for 846 days in total; and (c) by deceiving them from the victims to the method of applying for the payment of insurance money, acquired financial benefits equivalent to the same

(b) co-principal activities with J;

On May 9, 2006, the J purchased 365 Multi-Guarantee Insurance Co., Ltd. on the part of the insured and the Defendant A as the contractor, as well as on May 9, 2006, 6 of itself as the contractor, 5 of the contract, Defendant B of the contract, Defendant B of the contract, and 11 of the insurance companies until March 27, 2009, respectively, and subscribed to designate the contractor's name as the deposit owner and to use the insurance proceeds in installments.

The J used the terms and conditions of the above insurance products that can be paid insurance money when operated or hospitalized due to disease or disaster, so that it could not be hospitalized and receive insurance money even if it does not actually require hospitalization.

The J, from June 18, 2008 to July 8, 2008, hospitalized Nwon on the ground of knee knee scarma, etc. on July 16, 2008, and applied for the payment of insurance money to the victim interesting Korea Life Insurance Co., Ltd. on July 14, 2008, the victim interesting Korea Life Insurance Co., Ltd., the Mmerz Fire Insurance Co., Ltd., and the post office on July 15, 2008, respectively, for the payment of insurance money. However, in fact, the J had received hospital treatment from another hospital as the same symptoms, and there was no need to repeatedly prescribe only food, injection, and physical therapy during the period of hospitalization, and conduct food and shopping or to view personal hospitalization.

Nevertheless, on July 16, 2008, the Defendant, in collusion with the J, by deceiving the victims as above, received KRW 1,260,00 as insurance money from the Korea Life Insurance Co., Ltd. on July 15, 2008; KRW 2,700,00 as insurance money from the victims Korea Life Insurance Co., Ltd.; KRW 918,960 as insurance money from the victims Matts Fire Insurance Co., Ltd.; and KRW 840,00 as insurance money from the victim post office on July 16, 2008; and from around that time until May 24, 2013, the Defendant conspireded the victims to receive KRW 41,032,630 as a sum of KRW 630 as property gains from the victims, and acquired property gains from the victims in collusion with the victim office on July 16, 2008.

(c) co-principals in this regard;

0 On December 28, 2006, the victim interesting and life insurance company purchased 8 insurance contracts with the insured and the defendant A as contractee, and the defendant A purchased 28 insurance contracts with the total amount of 20 insurance companies until January 25, 2010, including purchasing 20 insurance contracts with the contract contractor, and paying the total amount of 1,096,609 won per month insurance premiums to the contract owner, designated the contractor's name as the deposit owner and conspired for the use of the insurance proceeds in installments by taking advantage of the terms and conditions of the above insurance products that can receive the insurance proceeds in the event of surgery or hospitalization due to disease or disaster. 0 was willing to be hospitalized and paid the insurance proceeds even if it is not actually required to receive the insurance proceeds by taking advantage of the terms and conditions of the above insurance products.

0은 2010. 6. 15.부터 2010. 6. 29.까지 15일간 안산시 단원구 P에 있는 Q정형외과에 무릎뼈의연골화 등을 이유로 입원한 뒤 2010. 9. 2. 피해자 흥국생명보험주식회사에, 2010. 7. 5. 피해자 흥국화재보험 주식회사, AIG(챠티스)보험에, 2010. 7. 6. 피해자 AIA생명보험 주식회사, ING생명보험 주식회사, 메리츠화재보험 주식회사, 라이나생명보험 주식회사에, 2010. 7. 2.과 2012. 2. 23. 피해자 한화손해보험 주식회사에, 2010. 7. 8. 피해자 롯데손해보험 주식회사에, 2011. 3. 7. 피해자 LIG손해보험 주식회사에, 2010. 6. 29. 우체국에, 2010. 7. 2. 새마을금고에, 2010. 12. 31. KDB생명보험 주식회사에 각각 입·퇴원확인서 등을 제출하고 보험금 지급을 신청하였다. 그러나 사실 이은 입원기간 중에 지속적인 검사나 관찰 없이 먹는 약과 주사, 물리치료만을 반복 처방받고 수시로 외출하여 외식과 쇼핑을 하고 개인 볼일을 보러 다니는 등 입원 치료가 필요 없었다.

Nevertheless, on September 19, 2010, the Defendant, in collusion with 0.0 victims, received KRW 1,380,00 as insurance money from the victim interesting life insurance company on July 6, 2010, KRW 600,000 as insurance money from the victim interesting fire insurance company on July 6, 2010, KRW 90,000 as insurance money from the victim AI insurance company on July 6, 201; KRW 60,000 as insurance money from the victim AI life insurance company on July 8, 200; KRW 60,000 as insurance money from the victim 20,000; KRW 60,000 as insurance money from the victim's interesting life insurance company on July 6, 2010; KRW 80,000 as insurance money from the victim's interesting fire insurance company on July 6, 2010; and KRW 600,7508,201.

Accordingly, the Defendant conspiredd with 0 victims to acquire a total of KRW 120,761,072 from the victims.

(d) Joint offenses with R;

R, on November 30, 2006, purchased 12 insurance contracts from 12 insurance companies until August 27, 2009, including 5 of itself as the contractor and 13 of Defendant A as the contractor, and subscribed to designate the contractor's name as the deposit owner and use the insurance proceeds in installments.

R had the mind to be hospitalized and to be paid insurance money even if it is not actually required to be hospitalized by using the terms and conditions of the above insurance products that can be paid insurance money when operating or hospitalized due to a quality or disaster.

R, from November 8, 2008 to November 25, 2008, 18 days after being hospitalized in the Telecommunication Hospital located in Kimhae-si for reasons such as sslovasium and slovasal slovasty fever, etc., and on November 26, 2008 and December 4, 2008, the victim interesting country life insurance company, on November 26, 2008, the victim AI insurance, on November 25, 2008, the victim’s post office, community credit cooperative, and the victim KRB life insurance company, submitted a letter of confirmation of entry and discharge to the victim KRB life insurance company, and applied for the payment of insurance money. However, R had not undergone surgery at other hospitals from that time to time, or applied for the payment of insurance money from time to time after being hospitalized during the period of medical examination or observation, and there was no need to keep it out from time to time during which the individual was hospitalized.

Nevertheless, on November 27, 2008, on December 5, 2008, the Defendant: (a) conspired with R to deceiving victims; (b) obtained 5,476,298 won as insurance money from the victim interesting life insurance company on December 11, 2008; (c) obtained 860,000 won as insurance money from the victim interesting fire insurance company on December 30, 2008; (d) obtained 90,000 won as insurance money from the victim AI insurance company on December 30, 208; and (e) obtained 1,956,330 won as insurance money from the victim’s post office on November 28, 2008; and (e) conspired with the victims on December 17, 2008 to receive 70,000 won as total insurance money from the victim’s 1,956,330,000 won as insurance money from the victim’s 160,016,2815 days as well.

(e) Joint offenses with U and R;

U on October 19, 2007, 2007, 2007, 13 insurance companies, including Haggh5 Health Insurance Co., Ltd. with their insured and R as contract holders, 2 contracts, R as contract holders, 7 contracts, Defendant A as contract holders, and 10 insurance companies until July 19, 2010, including 52,930 won in total of monthly insurance premiums, subscribed to designate the contractor's name as deposit holders and to use the insurance proceeds in installments.

U had a mind that in the event of surgery or hospitalization due to a disease or a disaster, even if it does not actually require hospitalization by using the terms and conditions of the above insurance products that can be paid insurance money, he shall be hospitalized and shall be paid insurance money.

U was hospitalized at the W Hospital located in Kimhae-si for 24 days from July 13, 2009 to August 5, 2009 at the right side straw, and on August 7, 2009, the victim interesting country life insurance company, Han C&G life insurance company, post office, L/C life insurance company, on August 12, 2009, on the victim interesting country life insurance company, on August 13, 2009, on the victim ING life insurance company, on August 13, 2009, on the victim's damage insurance company, on August 24, 2009, on September 28, 2009, on the victim's damage insurance company, on the victim's damage insurance company, on September 28, 2009, and on November 17, 2009, on the part of the victim Samsung Korea life insurance company, there was no need for a long-term confirmation of hospitalization to the victim Samsung.

Nevertheless, on August 12, 2009, the Defendant, in collusion with U and R, by deceiving victims as above, and by deceiving them from the victim's interest life insurance company on August 12, 2009, KRW 520,00, KRW 7 August 27, 2009, KRW 2,245,850 as insurance money from the victim's interest insurance company on August 7, 2009, KRW 580 as insurance money, KRW 580,00 as insurance money from the victim's post office on August 10, 209, KRW 830,000 as insurance money from the victim's damage insurance company or the life insurance company on August 10, 209, KRW 1,450,00 as insurance money from Samsung 20, KRW 96,000 as insurance money from the victim's interest insurance company on August 13, 200, KRW 209 as insurance money from the victim's interest insurance company.

Accordingly, in collusion with U.R., the Defendant acquired a total of KRW 68,459,135 financial benefits from the victims.

(f) X and co-offenders;

On October 7, 2008, X purchased 13 insurance contracts with the insured and the defendant A as contractee, such as the purchase of the insurance policy with the victim interest country life insurance company (Tirgh5 health insurance), and purchased 16 insurance contracts with the contract contractor, including 13 insurance contracts with the defendant as contract contractor, and 13 insurance contracts with the defendant as contract contractor, etc. until June 22, 2009 with the total amount of 1,338,340 won per month, and conspired to designate the contract contractor's name as deposit owner and use the insurance proceeds in installments.

X, in the event of surgery or hospitalization due to a disease or a disaster, was committed by using the terms and conditions of the above insurance products that can receive insurance money, in order to be hospitalized and receive insurance money even if it is not required to be actually hospitalized.

X was hospitalized on the ground of perfection coordinate to the Znean Znean Y in Kimhae-si for 21 days from July 3, 2009 to July 27, 2009, and filed an application for the payment of insurance proceeds with the victim interesting country life insurance company, AIG (GG) insurance, Acean sckian insurance company, post office, victim interesting country life insurance company, Korea International Commercial Insurance company, Hyundai Marine Insurance Company, KDB life insurance company, DB life insurance company, L or life insurance company, on July 31, 2009 to the victim interesting country fire insurance company, on August 6, 2009 to the victim interesting country fire insurance company, on August 20, 209 to the victim interesting country fire insurance company, on August 20, 2009 to the victim damage insurance company, on July 29, 201, to the victim fire insurance company, on July 29, 2012, respectively.

X has repeatedly prescribed only eating drugs, injection, and physical therapy during the duration of hospitalization without continuous Kim death or observation, and from time to time going out of the country, and there was no need for the treatment of outpatients as well as the treatment of outpatients.

Nevertheless, on July 30, 200, the Defendant, in collusion with X 2, by deceiving victims on July 30, 2009, received KRW 180,00 as insurance money from the victim's interest country life insurance company on July 30, 2009, KRW 681,785 as insurance money from the victim's AIG insurance on August 11, 2009, KRW 471,780 as insurance money from the victim's interest office on July 28, 2009; KRW 1,680,000 insurance money from the victim's office on July 28, 200; KRW 30,000 as insurance money from the victim's interest country life insurance company on July 30, 209; KRW 1,080,000 as insurance money from the victim's interest country on July 29, 200, KRW 309 as the victim's insurance money from the victim's interest country insurance company.

Accordingly, the Defendant conspired with X to obtain a total amount of KRW 70,406,512 from the victims.

(g) co-principal activities with AA, X;

AA, on April 13, 2009, purchased 2, X as the contractor, 4 as the contractor, and Defendant A as the contractor, such as joining Hagh5 Health Insurance Co., Ltd. with the insured and X as the contractor.

Until January 31, 2012, up to 11 insurance companies subscribed to the total 15 insurance contracts, and paid a total of 742,339 won per month, the name of the contractor was designated as the deposit owner and subscribed to use the insurance money in installments by receiving the insurance money.

AA, when operating or hospitalized due to a disease or a disaster, intended to be hospitalized and receive insurance money, even if it does not actually require hospitalization by using the terms and conditions of the above insurance products.

From January 6, 2010 to January 26, 2010, AA was hospitalized at AC hospital located in AB at Kimhae-si on the ground of light base, etc., and on February 4, 2010, the victim interesting country life insurance company, Samsung Life Insurance company, and the victim interesting country fire insurance company on March 2, 2010; on February 10, 2010, the victim interesting country fire insurance company and Hyundai Life Insurance Co., Ltd.; on February 3, 2010, the victim interesting country fire insurance company, Hyundai Marine Insurance Co., Ltd.; on February 16, 2010; on February 5, 2010, the victim interesting country life insurance company; on February 4, 2010, the victim interesting country fire insurance company; on February 2, 2010, the victim interesting country fire insurance company; on the other hand, there was no need for medical treatment or confirmation to pay insurance proceeds from hospitalization.

Nevertheless, the Defendant conspired with AA and X 2 on February 8, 2010 by deceiving victims as above, and conspired 360,000 won as insurance money from the victim's interest country life insurance company on February 5, 2010; 1,170,000 won as insurance money from the victim's interest company on March 2, 2010; 630,000 won as insurance money from the victim's interest country fire insurance company on February 11, 2010; 1,080,000 won as insurance money from the victim's interest country fire insurance company on February 3, 2010; 2.30,000 won as insurance money from the victim's damage insurance company on February 3, 2010; 2.30,000 won as insurance money from the victim's interest country fire insurance company on February 3, 2010; and 3.06,010 won as insurance money from the victim's interest company on February 26, 2016,

2. Joint criminal conduct by Defendant A and B;

On May 10, 2006, Defendant B purchased a 365-day policy with the insured and Defendant A as contractee, and purchased 11 insurance policies, including 14 insurance companies as contractee, and 16 insurance companies as contract contractor, and 106,304 won in total, monthly insurance premium of 1,06,304. The Defendant agreed to designate the contractor as deposit owner and receive insurance money. The Defendant B had been hospitalized on 19-day policy with the victim’s life insurance company for 20-day policy from June 24, 2008 to July 18, 2008; Defendant B did not have been hospitalized on 19-day policy with the victim’s life insurance company for 20-day policy; Defendant B did not have been hospitalized on 9-day policy with the victim’s life insurance company for 20-day policy; and Defendant B did not have been hospitalized on 19-day policy with the victim’s life insurance company for 20-day policy.

Nevertheless, on October 2, 2008, the Defendants conspired to induce victims, as above, to receive KRW 5,370,520 as insurance money from the victim interesting country life insurance company on August 2, 2008, KRW 1,107,79 as insurance money from the victim interesting country fire insurance company on August 16, 2008, KRW 927,80 as insurance money from the victim Samsung Fire Insurance Co., Ltd. on July 16, 2008, KRW 2,280,00 as insurance money from the victim post office on July 15, 2008, and KRW 1,750,000 as insurance money from the victim interesting country life insurance company on March 30, 209, KRW 1,950,000 as insurance money from the victim interesting country life insurance company on April 6, 2009, KRW 209 as insurance money from the victim interesting country life insurance company or Korea Life Insurance Co., Ltd.

As a result, the Defendants conspired to obtain a total amount of 238,819,681 won from the victims.

3. Joint criminal conduct by Defendant A, C, and D

On May 14, 2008, Defendant C purchased 10 cases of himself/herself as the contractee, as well as 10 cases of purchasing insurance policies, such as Haggh5 Health Insurance Co., Ltd. with himself/herself as the insured and the contractee, Defendant C purchased 17 insurance contracts of 11 insurance companies until July 21, 2008, including 6 insurance contracts with Defendant A as contract contractor, and solicited Defendant C to use 1,123,035 won in total monthly insurance premiums as the contract contractor’s name while receiving insurance premiums and paying insurance premiums to Defendant D. However, Defendant C submitted 10 days of hospitalization and 20 days of treatment with the contract terms and conditions during which it is possible to receive insurance money if it performed or hospitalized due to disease or disaster, and had no written confirmation of the need for medical treatment. Defendant C was able to receive insurance money again for 10 days from the date of entrance into the hospital and 20 days of treatment from time to time to time on account of the need for medical treatment.

Nevertheless, on January 5, 2009, the Defendants conspired to induce the victim and received KRW 1,470,00 as insurance money from the victim on January 5, 2009, and had the victim do operations and hospitalization on a total of 181 days from around that time to May 13, 2014, and deceiving the victim by filing an application for insurance money, such as the list of crimes (9) in attached Table 210,776,47, and received a total of 62,678,544 won from the victim and received property benefits in an amount equivalent to the same amount. Defendant C. A conspired to conduct a false operation and hospitalization for 761 days from that time to May 13, 2015, by deceiving the victims by means of applying for insurance money, and by inducing them to acquire property benefits equivalent to the same amount after receiving a total of 210,776,479 won from the victims.

4. Defendant D’s sole criminal conduct

On January 29, 1997, the Defendant purchased a total of 7 insurance companies until October 15, 2008, including the Plaintiff’s Korea Life Insurance Co., Ltd.’s subscription as the insured and the contractor, and paid a total of 891,760 won per month insurance premium.

In case of surgery or hospitalization due to disease or disaster, the defendant had been hospitalized even if it does not actually require hospitalization by using the terms and conditions of the above insurance products that can receive insurance money.

From February 9, 2008 to March 8, 2008, the Defendant hospitalized a hospital located in Kimhae-si on the ground of cutting off the left-hand cream, etc. on March 10, 2008, and applied for the payment of insurance money to the victim Samsung Life Insurance Co., Ltd., Ltd., post offices, Nonghyup Life Insurance Co., Ltd., on March 17, 2008, and to the Korea Life Insurance Co., Ltd., on March 18, 2008. However, the Defendant had been repeatedly hospitalized at the above hospital other than the above hospital, etc. without continuous examination or observation during the period of hospitalization, and had no need to view the sale of hot spring by drinking or drinking, shopping, food, outing of the bank, etc., and applied for the payment of insurance money.

Nevertheless, on March 11, 2008, the Defendant: (a) induced victims; (b) received KRW 2,900,000 as insurance money from the victim Samsung Life Insurance Co., Ltd. with insurance money; (c) KRW 780,000 as insurance money from the victim’s post office on March 11, 2008; (d) KRW 260,000 as insurance money from the victim Nonghyup Life Insurance Co., Ltd. on March 11, 2008; and (e) induced victims to receive KRW 1,020,000 as insurance money from the victim Korea Life Insurance Co., Ltd. on March 17, 2008; and (e) induced victims to receive KRW 2,077,60 as insurance money from the victim Mts Fire Insurance Co., Ltd. on March 19, 208; and (e) induced victims to receive KRW 388,675,700 from the victims’ total amount of insurance money for 385 days.

Summary of Evidence

1. Defendants’ respective legal statements (in the case of Defendant D, part of the defendants)

1. C’s legal statement;

1. A protocol concerning the examination of the suspect against the defendant D by the prosecution;

1. A protocol concerning the examination of each police suspect against Defendant AF, AA, J, R, X, U, or0;

1. Each statement of AG, AH, AI, AJ, and AK;

1. Each list of seizure;

1. Details of each insurance coverage, details of payment of each insurance money, each medical set analysis or analysis of medical records, calendars of hospitalization, current status of hospitalization (including records of medical records);

1. The details of credit card and account use during each period of hospitalization;

[Defendant D] asserts that there is no fraud or deception in the case of the diseases listed in the [Attachment 10] Nos. 1, 2, 3, 9, 14, 15, 19, 20, 24, 28, 30 through 33, 35, and 39 in the annexed List of Crimes (10).

However, according to the evidence duly adopted and examined by this court, the defendant can receive insurance money from the defendant A after hearing the statement that "the defendant may receive insurance money from the defendant A by purchasing an age-based patient at the investigative agency on or around 2007 due to difficulties in family conditions," and stated that he purchased seven insurance companies total of 891,760 won per month insurance premium and paid 891,760 won per month in the idea that remaining after receiving insurance money and medical expenses will be used as living expenses, etc., and that the defendant claimed that the patient needs hospital treatment is hospitalized for 20 days for the treatment of each of the above diseases, which are alleged that the defendant needs hospital treatment. In light of the symptoms, degree, the defendant's appearance, the fact that the defendant was sent to the vehicle while driving the vehicle at any time during the period of hospitalization, the fact that the defendant was treated repeatedly at several hospitals, the period of crime, the amount of fraud, etc., the defendant actually received insurance money or claimed excessive insurance money by taking account of the need for medical treatment or daily life.

Therefore, the defendant's above assertion cannot be accepted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 30 of the Criminal Code

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Dismissal of application for compensation;

Article 32(1)3 and (2), and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Defendant D and B's scope of liability is not clear)

The grounds for sentencing are as follows: (a) each of the crimes of this case on the grounds of sentencing is not only to avoid economic damage to a large number of good subscribers, but also may undermine the foundation of the insurance system by impairing the general trust in the insurance system and increasing social costs; (b) the period of each of the crimes; (c) the amount of the fraud involved (amounting to KRW 950 million; (d) the amount equivalent to KRW 230 million; (e) the amount equivalent to KRW 230 million; (e) Defendant C210 million; and (e) the amount equivalent to KRW 240 million; and (e) the amount equivalent to KRW 40 million.

However, in order to increase hospital revenues, it may be deemed that the Defendants are liable even to the hospital that has induced false-patients and the insurance company that neglected the management of the insurance. Defendant C also agreed with the victim's Green Damage Insurance Co., Ltd. and deposited one million won for the victim's Alcen University Insurance, and other circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as per the order.

Parts of innocence

1. Of the facts charged against Defendant D, each of the frauds listed in the [Attachment 34] Nos. 34 of the Crimes List (10)

On January 29, 1997, the Defendant purchased a total of 7 insurance companies until October 15, 2008, including joining the Korea Life Insurance Co., Ltd. as the insured and the contractor, and paid a total of 891,760 won per month insurance premium.

When the defendant performs an operation or hospitalization due to a disease or disaster, he was able to receive insurance money by using the terms and conditions of the above insurance products, even if it does not actually require hospitalization, and he was able to receive insurance money.

From November 10, 2013 to November 14, 2013, the Defendant hospitalized, on the ground of liversan National University Hospital on the ground of liversan National University Hospital’s disease, pain, etc., and applied for the payment of insurance money after submitting a confirmation of hospitalization and discharge to the victim Samsung Life Insurance Co., Ltd. on December 2, 2013, and to the ING Life Insurance Co., Ltd. on December 10, 2013. However, the Defendant had been receiving treatment by repeatedly hospitalized at the same hospital and other hospital, etc. during the period of hospitalization. However, the Defendant did not need medical treatment because he/she had no longer received treatment by repeatedly hospitalized the above hospital and other hospital during the period of hospitalization, and went on the vehicle at any time after repeatedly prescribing only the medical treatment and the physical treatment without continuous concurrently and without observation during the period of hospitalization, and went on the vehicle and went on the vehicle by viewing personal day while trading with shopping, external food, and bank entry and departure.

Nevertheless, on December 23, 2013, the Defendant: (a) by deceiving the victims; (b) received insurance money from the victim Samsung Life Insurance Co., Ltd. from the victim, KRW 1,401,917 as insurance money; and (c) obtained KRW 900,000 as insurance money from the ING Life Insurance Co., Ltd. on December 10, 2013, and acquired it by deceit.

2. Determination

In light of the evidence and records duly adopted and examined by the court, the defendant stated his/her confession to an investigative agency and denied this part of the facts charged, which led to the denial of this part of the charges, and the defendant did not have any evidence to have taken out or staying outside the hospital while hospitalized in Yangsan National University Hospital, and only paid and deposited six times through cash payments in the above hospital. According to the fact inquiry about the above hospital, the need for the medical examination and treatment of the defendant at the time was necessary, and the period of hospitalization for five days from November 10 to November 14, 2013 was also appropriate, the evidence submitted by the prosecutor alone cannot be acknowledged, and there is no other evidence to acknowledge this part of the charges.

3. Conclusion

Thus, since this part of the facts charged against the defendant constitutes a case where there is no proof of facts constituting a crime, it should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as the defendant is found guilty of each crime committed by the above victim with a single comprehensive crime,