The defendant shall dismiss the application filed by the applicant for compensation.

1. Around November 27, 2010, the Defendant re-hospitalized him on December 5, 2010 at Daejeon Amateur Hospital by December 4, 2010, after having undergone a traffic accident on the front road of the Haakdong-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, and received hospitalized treatment at Daejeon-dong Hospital until December 4, 2010.

During the period of hospitalization in a zoological clinic, the Defendant did not receive substantive hospitalized treatment, such as visiting a house and hospital and receiving dental treatment from another hospital.

Nevertheless, the Defendant, on July 5, 2011, submitted to the Victim Samsung Bio-stock Co., Ltd. on December 5, 2010, from around December 5, 2010 to December 31, 2010, a false confirmation letter of release from the entry and discharge was issued from the 27th Franchisium to request insurance money, thereby deceiving the victim by claiming insurance money, and its deceiving was remitted KRW 675,00 from the victim as the expenses for hospitalized treatment on July 6, 201.

2. In the event of the exercise of rights by means of deception of relevant legal principles, if the act belonging to the exercise of rights and the deception belonging to such means are comprehensively observed, and such deception cannot be acceptable as a means of exercise of rights under social norms, the act belonging to the exercise of rights constitutes a crime of fraud, and there is a reason to receive insurance money.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money than the actual insurance money, a crime of fraud is established against the whole insurance money received.

(See Supreme Court Decision 2008Do4665 Decided May 28, 2009, etc.). “Hospitalization” means where continuous observation by a medical personnel is required in relation to the side effects or incidental effects of drugs, which have very low resistance to, or are administered by, the disease of a patient, and where the management of, food and beverages is required, the treatment of medication is continued.