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1. The Defendant’s KRW 41,385,93 as well as the Plaintiff’s annual rate of 5% from January 9, 2016 to August 7, 2018.
Reasons
1. Basic facts
A. The Defendant subscribed to the insurance products guaranteeing the cost of hospitalized treatment sold by the Plaintiff.
B. The Defendant was indicted as “insurance fraud” in relation to the receipt of insurance proceeds based on various insurance contracts entered into with the Plaintiff, including the Plaintiff, and was sentenced to imprisonment with prison labor for 10 months in relation to fraud and for 2 years in suspended sentence for a period of two years in relation to fraud as the Gwangju District Court Branch Decision 2015Da1166, Sept. 29, 2016. The Defendant appealed on not guilty, but appealed on August 22, 2017 (Seoul District Court Decision 2016No3901). The Defendant’s appeal was dismissed on October 27, 2017 (Supreme Court Decision 2017Do14260), and the judgment of conviction became final and conclusive as is (Supreme Court Decision 2017Do14260).
The summary of the crime in the above final judgment is as follows.
The Defendant, from May 3, 200 to February 11, 2009, joined five insurance companies, including A, from around May 3, 2000 to around February 11, 2009, had been aware of the insurance company by claiming insurance money from the victim insurance company through false or exaggerated hospitalization compared to the number of days of proper hospitalization, and had the victim receive insurance money from the victim insurance company.
The Defendant was hospitalized for 18 days by diagnosis, such as both sides, kneneomanosis, hneebrate, and other conical signboard disorders, even though the fact in the Dratology located in Sinpo City from January 19, 2008 to February 5, 2008 was sufficient for pain treatment. On February 11, 2008, the Defendant was hospitalized for 18 days by diagnosis. On February 21, 2008, the Defendant: (a) requested insurance money to the victim A; (b) deceiving the victim; and (c) received from the victim the amount of KRW 1,742,50 under the name of hospitalization allowance on February 21, 2008; and (d) deceiving the victim by the same method from around that time to January 18, 2013; and (c) received KRW 85,735,415,410 from the victims to the victim’s total 34 times.
C. Reasons for the appellate judgment that rejected the Defendant’s assertion of innocence.