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Defendant
D All appeals against the Defendants by the prosecutor and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing (one month imprisonment) by Defendant D is too unreasonable.
B. The lower court’s sentencing (Defendant D: imprisonment for eight months, Defendant E: imprisonment for eight months, and 2 years of suspended execution) against the Defendants by the public prosecutor is deemed to be too uneasible and unfair.
2. Determination frauds need to be strictly punished as an offense that may threaten the foundation of the insurance system, by imposing a burden on the faithful general insurance subscribers, by inducing moral hazard, and by increasing social costs.
However, in this case, it should be taken into account that insurance companies that did not sell insurance products indiscreetly and do not properly manage them, and in particular, hospitals that generated unnecessary treatment have caused and promoted insurance fraud.
Based on this premise, the following decisions shall be made.
A. Defendant D’s assertion and prosecutor’s argument on the above Defendant’s above Defendant made repayment of the amount of KRW 11.5 million out of KRW 24,471,39 of the damage amount to Samsung T&T Co., Ltd., and promised to pay the balance nine times in the future (in the first instance, additional KRW 1.5 million was paid), and there was no record of crime, etc. favorable to the above Defendant, such as the fact that the Defendant acquired insurance proceeds of at least KRW 76 million for a period exceeding four years and most damage was not recovered, and other unfavorable circumstances such as the Defendant’s age, sex, circumstances and result of the crime, and the circumstances after the crime, etc., the Defendant’s argument and the prosecutor do not seem to be unfair because they were too heavy or unfford. Therefore, all of the above Defendant and the prosecutor’s argument are rejected.
B. As to the prosecutor’s assertion on Defendant E, Defendant E obtained insurance proceeds of at least KRW 74 million in total from a large number of insurance companies, which is close to four years, etc., but is disadvantageous to the Defendant.