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The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant
A, six months of imprisonment,
Reasons
1. The summary of the grounds for appeal as to the request for deliberation on the propriety of hospitalization falls under the “documents prepared under other circumstances especially reliable” under Article 315 subparag. 3 of the Criminal Procedure Act, and the evidence submitted by the prosecutor can be fully acknowledged that the Defendants obtained insurance money from the victims by false or excessive hospitalization, but the court below acquitted all of the facts charged in this case. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles.
2. The summary of the facts charged in the instant case is that Defendant A and B are in a de facto marital relationship.
Defendants were willing to have been hospitalized in a hospital for a longer period than the necessary period and to acquire insurance money by claiming insurance money from the insurance company, even though they are minor diseases without the necessity of hospitalization by using opportunities for multiple insurance coverage.
A. From February 14, 2011 to February 28, 2011, Defendant A hospitalized L hospital located in Sinposi from Sinpo City to “the dump, tension, etc. of the bones” for 15 days, and issued a written confirmation of hospitalization, and received a written confirmation of hospitalization on March 7, 2011, and received hospitalized treatment at the hospital. As such, Defendant A claimed insurance proceeds from the victim M with a written confirmation of hospitalization.
However, the above disease of the defendant was a relatively minor disease that does not require hospital treatment for up to 15 days.
Nevertheless, the Defendant: (a) by deceiving a person in charge of payment of insurance money in the name of the victim company as above; (b) received KRW 120,000 won on the same day from the victim; and (c) from that time until February 9, 2015, the Defendant was issued KRW 106,48,096 in total for 37 times as stated in attached Table 1.
Accordingly, the defendant was informed of the victims to receive property.
B. Defendant B from October 23, 2012 to November 23, 2012.