From July 23, 2010 to September 15, 2010, the Defendant hospitalized the E Hospital located in Daejeon Jung-gu, Daejeon for 55 days on the ground of base salt.

However, in fact, the Defendant received various tests irrelevant to the pelumume during the period of hospitalization at the above E hospital, and was administered with drugs, such as satise, on the ground of a shoulder pain, etc., so there was no need for hospitalized treatment for 55 days.

Nevertheless, around September 16, 2010, the Defendant received KRW 5,720,000 of the insurance money around September 29, 2010 from an injured party, who was unaware of the fact that there was no need to be hospitalized, by claiming the above hospitalization against the Defendant’s interest country life insurance company as an insured event.

In addition, from July 12, 2009 to November 10, 2014, the Defendant: (a) hospitalized at a hospital formally 35 times in total as shown in the annexed crime list; and (b) claimed insurance money from September 3, 2009 to December 17, 2014 to the victim interesting country life insurance company, which was unaware of the circumstance; (c) received KRW 68,629,707 in total from the victim to the victim interesting country life insurance company; and (d) obtained the payment from the victim to the victim for the insurance money.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty.