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1. The Defendant’s KRW 39,500,000 as well as the annual rate of KRW 5% from July 8, 2017 to September 13, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On December 24, 2004, the Plaintiff entered into an E insurance contract (hereinafter “instant insurance contract”) which contains the content that the Plaintiff would pay hospital allowances of KRW 50,000 per day of hospitalization exceeding three days (one day of hospitalization in the case of a specific personality disease) when he/she continued to be hospitalized for at least four consecutive days due to disease or disaster with the insured as the Defendant.
B. On January 28, 2016, the Defendant filed an appeal (three years of suspended execution as of January 28, 2016) after having been sentenced to a judgment of conviction (three years of suspended execution as of January 28, 2016) (three years of imprisonment), but the judgment dismissing the appeal was rendered on January 10, 2017 and became final and conclusive around that time.
The part concerning the crime of this case among the facts established in the above judgment is as follows.
In light of the fact that the Defendant entered into the instant insurance contract with the Plaintiff and received insurance proceeds by 120 days from the time of hospitalization of the same disease, and that the insurance proceeds are paid by 180 days after the discharge of the same disease after the lapse of 180 days, the Defendant attempted to acquire insurance proceeds by means of receiving long-term hospitalized treatment while continuing to undergo hospital treatment for a long time after undergoing hospital treatment for a long time after undergoing hospital treatment as necessary even if the disease requires hospital treatment.
The Defendant was diagnosed with urology at G hospitals located in Heposi F from July 2, 2007 to July 19, 2007, and was hospitalized for 18 days, and was hospitalized for 25 days from July 20, 2007 to August 13, 2007.
However, while the Defendant was hospitalized in G Hospital, he was not able to take the urology of urine disease, was hospitalized in I Hospital to drink alcohol, and was hospitalized in the I Hospital, and the treatment received during the hospitalization period also measured the urine and met the amount.