A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From September 2007 to June 2012, the Defendant subscribed to eight insurance products, such as the victim AI life insurance company, etc., whose daily hospitalization days overlap depending on the number of days of hospitalization during the period of hospitalization.

Although it is possible for the Defendant to take out a multiple insurance policy as above, he thought that he will provide long-term hospitalized treatment and receive insurance proceeds from the date of September 30, 2009 to October 21, 2009. Notwithstanding the fact that there is no need to provide long-term hospitalization treatment with D-type surgery located in Changwon-si Member C, Changwon-si, Seoul, the Defendant hospitalized the Defendant as “sattopitis” and then, around October 25, 2009, filed a claim for insurance proceeds of KRW 380,000 with the victim AIA life insurance company and received the above insurance proceeds around November 3, 2009.

The Defendant, including this, received insurance money of KRW 160,601,125 from around that time to April 1, 2015 by deceiving the insurance company of the victim and entering in the list of annexed crimes and the victim's insurance company.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (times of 5,6) and investigation reports (times of 7,17);

1. The application of the Acts and subordinate statutes regarding hospitalization, such as insurance contract matters, analysis of medical records of victims, self-documents, analysis and medical advice, each medical records (medical records, various survey records, etc.), written application of each insurance company's subscription, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In a case where the victim has considerable responsibility for the expansion of damage to a large number of victims or has committed repeatedly for a considerable period of time as a result of the combination of the basic areas of type 2 (at least KRW 100 million, but less than KRW 500,000) and the type of concurrent crimes (from August to four years). In a case where the victim is also liable for the expansion of damage to a large number of victims (special mitigation/increased) insurance fraud imposes a burden on faithful general insurance subscribers.