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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The lower court acquitted the Defendants of all the charges of this case, even if the Defendants acknowledged that they received insurance money by false or exaggerated hospitalization, based on all the evidence, including the details of reviewing the propriety of the hospitalization period of the Health Insurance Corporation Review Board, and the W Association’s medical record appraisal, found the Defendants not guilty of all the charges of this case.
2. Determination
A. The summary of the facts charged is that Defendant A is an insurance solicitor belonging to “I” who is an insurance company located in Ha in Y in Y in Y in Y in Y in Y in Y, Defendant B is the husband of her woman, Defendant C is the child of her woman, and Defendant D and Defendant E are the children of her woman.
Although the Defendants did not have to pay the insurance premium of KRW KRW 100,000 per month due to economic circumstances, the Defendants came to know that Defendant A, while working as an insurance designer, had become aware of the fact that Defendant A would normally be paid in the case of long-term hospitalization within 120 days between a year and a year under the same type of disease, and that high-amount of insurance proceeds, other than the medical expenses, are paid in addition to the medical expenses, as a result of the examination, because long-term hospitalization is unnecessary or there is no special opinion in terms of treatment, and as a result, no specific treatment is given. However, the Defendants conspired to use large amount of insurance proceeds as living expenses, etc. by acquiring a large amount of insurance proceeds by facilitating the issuance or long-term hospitalization by taking out several insurance contracts after entering into account several insurance companies,
(1) Defendant A filed a claim against the Victim L corporation for insurance proceeds on January 7, 2010, including the receipt of KRW 2,610,00 as insurance proceeds, from March 111, 2008 to October 23, 2014, for the following reasons: (a) Defendant A received hospitalization treatment for about 14 days from around November 19, 2009, by means of knee knee-culing symptoms; (b) Defendant A received hospitalization treatment for about 32 days; and (c) Defendant A filed a claim for insurance proceeds against the Victim L corporation on January 19, 2010; and (d) receive KRW 2,610,00 as insurance proceeds, from March 11, 2008 to October 23, 2014.