The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, on May 23, 2003, purchased C products (hereinafter “B”) sold by B Co., Ltd. (hereinafter “B”), filed a claim for insurance proceeds, such as hospital entrance discharge certificate, etc. by submitting a hospital entrance discharge certificate, etc. to B, in the event that the Defendant, without any special verification, believed it in the insurance company to believe it and pay the insurance proceeds, did not need to receive the actual treatment, or received the insurance proceeds on the ground of a minor symptoms, disease, etc.

From January 16, 2010 to January 29, 2010, the Defendant hospitalized in the E Hospital located in Busan Seo-gu, Busan for 14 days under the name of bottle, such as alcohol diseases, hepatitis, etc., and filed a claim for insurance money on February 4, 2010.

However, in fact, the defendant did not need to receive medical treatment under the above name of the sick, or there was no need to be hospitalized due to sufficient medical treatment only.

The Defendant, as above, by deceiving B and receiving KRW 1,820,00 from B on February 11, 2010 as insurance money, including hospital allowances, and received KRW 56,950,00 repeatedly from around that time to March 24, 2018, as shown in the attached crime list, for a total of 477 days, from around 42 days as shown in the attached crime list.

2. The subjective element of the constituent element of a crime, which is the case where the possibility of occurrence of the crime is expressed as unclear and acceptable. In order to have had dolusence, not only awareness of the possibility of occurrence of the crime but also an internal intent to allow the risk of occurrence of the crime. Whether the actor is aware of the possibility of occurrence of the crime is likely to occur or not shall be determined based on the specific circumstances, such as the form of the act and the situation of the act performed outside, rather than dependent on the statement of the offender.