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The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
Reasons
1. In full view of the Defendant’s hospitalization period, Q medical appraisal result, the adequacy of hospitalization in the Health Insurance Review Evaluation Institute, the Defendant’s medical records, and the result of confirmation of the base station where mobile phone phone calls were known, the lower court determined otherwise and acquitted the Defendant on the ground that the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2. Determination
A. The summary of the facts charged is that in the case of disease insurance, the Defendant is guaranteed the maximum of 120 days of hospitalization for a disease, and that it is possible to guarantee hospitalization again after the lapse of 180 days, and that the hospital is easily hospitalized at the patient’s request even if there is no objective ground for the symptoms, with the use of the fact that the hospital was hospitalized easily at the patient’s request, thereby leading to the crypting of false symptoms or falling under minor symptoms, and then, by means of receiving insurance proceeds from the insurance company already subscribed
On March 31, 2010, the Defendant subscribed to a total of 14 insurance policies, such as the purchase of insurance, etc. by victim B Co., Ltd. (hereinafter referred to as “victim B”)
Around February 14, 2011, the Defendant hospitalized F Hospital located in Namyang-si E as “cerebrovascular disease with thirropical unknown symptoms,” which is classified as a major adult disease, but it was possible to treat them only by taking medicine, etc. since there was no other special symptoms. Even if the hospitalization is necessary, even though the number of days of hospitalization is not more than seven days, the Defendant received hospitalized treatment from the victim company until March 8, 201, and then claimed insurance money from the victim company on March 24, 201, received payment of KRW 7,090,000 from that time to April 3, 2015, and then received KRW 54,170,000 from the victim company after being hospitalized twice as shown in the attached list of crimes, from that time to April 3, 2015.