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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
Reasons
Punishment of the crime
1. Defendant A, in the event of hospitalization, was a minor disease that does not require hospitalization, with the fact that he/she subscribed to the insurance products that are daily paid for hospitalization, but was hospitalized at a hospital, and the Defendant was willing to receive insurance proceeds by claiming the insurance company.
From October 1, 2009 to October 12, 2009, the Defendant hospitalized for 12 days, on the ground of “defatitis,” etc. from the Cratulation located in Bupyeong-si, Busan-si, and received a written confirmation of hospitalization on October 15, 2009, and claimed insurance proceeds for the victim’s postal insurance company as if the Defendant received hospitalized treatment at a hospital due to the need for long-term hospitalization of the above disease.
However, the above disease of the defendant was a minor disease without the necessity of hospitalization.
Nevertheless, as above, the Defendant, such as joining a person in charge of the payment of insurance proceeds of the victim company, and receiving KRW 480,000 from the victim for the same day as the amount of insurance proceeds, such as daily allowances for hospitalization, etc., from such time to February 25, 2015, the Defendant hospitalized the victim insurance company, who did not know of such circumstance, filed a claim for insurance proceeds against the victim company who did not know of such circumstance at the hospital, and obtained KRW 48,207,590 for three times from the victim insurance company, and acquired them by fraud.
2. Defendant B, in the event of hospitalization, was a minor disease that does not require hospitalization, with the fact that he/she subscribed to the insurance products that are daily paid for hospitalization, but was hospitalized at a hospital, and the Defendant was willing to obtain insurance money by claiming insurance proceeds from the insurance company.
From March 3, 2014 to March 17, 2014, the Defendant was hospitalized for 15 days at the Dental department located in Bupyeong-si, Seocheon-si due to the Dominium salt, etc., and issued a written confirmation of hospitalization on March 18, 2014, and was in need of long-term hospitalization at the hospital.