1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered on January 1, 201.

1. The Defendant was indicted for committing a crime that “The Defendant, after having subscribed to a large number of insurance policies, was hospitalized for a long time, even though it is a minor disease or injury that is unnecessary to be hospitalized, and acquired insurance proceeds from the insurance company to May 31, 2013.” On April 7, 2016, the said court convicted the Defendant of all of the facts charged, and sentenced the Defendant to a suspended sentence of two years for ten months.

The above judgment became final and conclusive on April 15, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiff and the defendant asserted that the plaintiff are liable to pay the above money and damages for delay due to tort since he was hospitalized for a long time while the defendant was in a minor disease or injury without the necessity of hospitalization. Thus, the defendant is liable to pay the above money and damages for delay.

On this issue, the defendant asserts to the effect that he was duly hospitalized and received insurance money.

B. 1) In a civil trial, even though it is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are significant evidence. Thus, it cannot be acknowledged that the facts opposed to the finding of facts in a criminal trial in light of other evidence submitted in the civil trial, unless there are special circumstances where it is deemed difficult to adopt a factual judgment in a criminal trial (see Supreme Court Decision 92Da31453, Jan. 15, 1993). 2) According to the evidence No. 1, it can be acknowledged that according to the facts stated in the evidence No. 1, the facts that the defendant obtained insurance money of 4,340,505 won from the plaintiff on the criminal facts that became guilty, and there is no further evidence.

3. Therefore, the Defendant committed a tort against the Plaintiff.