Whether the act of claiming insurance proceeds constitutes a crime of fraud by asserting that the insurance company satisfied the hospitalization period stipulated in the insurance policy without notifying the insurance company of such circumstance after the substance of the medical treatment is hospital treatment or a long-term hospitalization beyond the necessity (affirmative)

Article 347 of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Jong-soo et al., Counsel for plaintiff-appellant-appellee-appellant-appellee-appellant-appellee-appellant-appellee-appellant-Appellee-appellant-Appellee-

Defendant

Defendant

Attorney Jeon Soo-soo

Seoul Southern District Court Decision 2006No962 Decided April 6, 2007

The appeal is dismissed. 65 days out of detention days after the appeal shall be included in the original sentence.

We examine the grounds of appeal.

In a case where continuous observation by a medical personnel is required with respect to side effects or incidental effects of a patient's disease which are very low resistance ability or that of a medicine administered, where the management of medication and food and plant is needed, the patient's pain is in a situation where the patient's condition is in a situation where the patient's condition is unable to cope with the patient's condition, or where the patient's risk of infection exists, etc., and the patient is staying in the hospital and receiving medical treatment. Thus, the patient's staying in the hospital for more than 6 hours according to various provisions such as "the criteria and methods for the application of medical care benefits" as publicly notified by the Ministry of Health and Welfare, and thus, it refers to the patient's staying in the hospital for more than 6 hours and receiving medical treatment under the observation and management of the medical personnel. Thus, the case where the patient's treatment is not the substance of hospital treatment, but the patient's treatment needs to be conducted continuously, and the case where the patient's treatment is requested for a long-term hospitalization more than necessary despite the need for hospitalization constitutes a fraudulent act of fraud.

Examining the reasoning of the judgment below in light of the records in light of the above legal principles, the court below is justified in finding the defendant guilty of each crime on the ground that the act of claiming insurance money without notifying the defendant of the fulfillment of the hospitalization period stipulated in the insurance terms and conditions through unnecessary long-term hospitalization and re-hospitalization constitutes deception, and there is no error of misconception of facts or misunderstanding of legal principles due to violation of the rules of evidence

Therefore, the appeal shall be dismissed, and part of the number of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Si-hwan (Presiding Justice)