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The defendant shall be innocent.
Reasons
1. The Defendant in the facts charged of the instant case committed the following acts: (a) from October 22, 2004 to August 26, 2014, the 11 insurance companies, such as subscribing to B from around August 22, 2004 to August 26, 2014, subscribed to the 16 insurance contracts, and continued to be covered by eight insurances (1.2 million won per month premium) only; (b) in the case of a disease security insurance, the maximum of 123 days of hospitalization for one disease is guaranteed (except the first 3 days) and the same disease can be guaranteed again after the lapse of 180 days in the case of the disease security insurance (except the first 3 days), the Defendant was able to receive the insurance proceeds from the insurance company by taking the form of long-term hospitalization, despite being a minor disease without the need of hospitalization.
The following year from January 28, 2008 to the 29th day of the following month, the Defendant was hospitalized in D Hospital under the name of “Revolving Madmon-gun”.
2. Around February 29, 2008, a victim E claimed insurance money and received KRW 300,000 as insurance money from the victim on February 29, 2008. From that time to April 21, 2016, an insurance company was granted KRW 252,519,667, total insurance money from the victim due to hospitalization more than 31 times in total as shown in the list of crimes in the attached crime list.
However, in fact, the defendant's above disease was a minor disease without a long-term hospitalization, and the substance of the defendant's medical treatment was entirely or partially different from the medical care.
As above, the defendant deceivings the victims and acquired the above 252,519,667 won.
2. Determination:
A. The term “hospitalize” means a case where continuous observation by a medical personnel is necessary in relation to the side effects or incidental effects of drugs, which are very low resistance to a patient’s disease or are administered by him/her, and where the management of nutritional conditions and foods ingested is necessary, it is necessary to continuously administer drugs and treatments, and thus, the patient’s pain causes rather inconvenience to medical treatment.