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The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The reply to the request for review, including the appropriateness of hospitalization and treatment by the Health Insurance Review Institute, etc., on the gist of the grounds of appeal, is admissible as it falls under “documents prepared under other particularly reliable circumstances” as prescribed by Article 315 subparag. 3 of the Criminal Procedure Act, and comprehensively taking account of the evidence submitted by the prosecutor, the court below found the defendant guilty of the charge of this case, even though the defendant was fully aware of the fact that he obtained insurance money from the damaged insurer by false or exaggerated hospitalization, and the court below acquitted the damaged insurer of the charge of this case.
2. Around October 9, 2007, the Defendant entered into an insurance contract with the victim C by setting monthly insurance premium of KRW 131,500 with respect to the insurance products referred to as “D” as KRW 131,500, and paid an insurance premium of KRW 528,550 per month by joining seven insurance products, such as the previous list of crimes (1) from around the above day to May 23, 2008.
After concluding the above insurance contract, the Defendant was able to receive a relatively easy hospital for a disease that can be treated at home after having entered into the above insurance contract, and even if it was a disease that requires hospital treatment, he was receiving hospital treatment for a long time more than necessary, and was able to obtain insurance proceeds by means of long-term hospitalization while continuing to move the hospital.
The defendant from January 7, 2008 to the same year.
2. By November, 201, the Plaintiff was diagnosed by the “F Hospital” located in Guro-gu Seoul Metropolitan Government, for 36 days after being hospitalized in the hospital.
However, the Defendant’s above disease treatment is sufficiently possible even if it is based on pain treatment, and it is also possible for the Defendant to receive physical therapy and pharmacologic treatment, and even if it was impossible to measure physical therapy, pharmacologic treatment, and active symptoms due to leaving a hospital room frequently.