A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On January 5, 2009, the Defendant subscribed to “C” insurance products of Victim B Co., Ltd. (hereinafter “victim B”) (hereinafter “Plaintiff”).

On March 2013, the Defendant used that, in general, an insurance company would pay insurance proceeds with belief that only the content of medical expenses, receipts, and certificates of hospitalization and discharge issued at a hospital, etc., the Defendant, without actually being hospitalized at a hospital, went through only formal procedure of hospitalization, engaged in economic activities, or did not receive substantive hospital treatment as sufficient conditions solely with the hospital treatment, but did not undergo substantial hospital treatment. However, the Defendant was able to receive insurance proceeds by falsely or excessively hospitalized at a hospital and claiming insurance proceeds under the pretext of hospital medical expenses and daily allowances for hospitalization.

1. From March 26, 2013 to April 9, 2013, the Defendant hospitalized “E” in “E” located in Gyeyang-gu Incheon Metropolitan City D under the name of “erogate,” etc. for 15 days, and filed a claim for insurance proceeds by submitting a medical certificate and a written confirmation of hospitalization, etc. issued in relation to such hospitalization to the damaged insurance company for 33 consecutive days from April 10, 2013 to April 27, 2013, following the date of discharge from the above hospital, to “G Hospital” located in “G Hospital” located in “Seoul Gyeyang-gu Incheon Metropolitan City” for 18 consecutive days, such as being hospitalized under the name of “erode, etc. of unknown symptoms,” etc.

However, the Defendant was hospitalized in the above “E” from March 27, 2013 to March 30, 2013; from April 2, 2013 to April 6, 2013; from April 8, 2013 to April 8, 2013; and from H’s hospital’s taxi operation for a total of 10 days, he/she was hospitalized in the above period; in the case of the remainder of hospitalization (23 days), he/she was able to receive medical treatment due to hospital treatment; and in fact, he/she was hospitalized in the hospital during the pertinent period.