beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, at the time of the instant case, was actually hospitalized in a normal manner, and did not have obtained the insurance money by deceiving the victimized insurance company.
Nevertheless, the judgment of the court below which found each of the facts charged in this case guilty is erroneous, which affected the conclusion of the judgment.
B. The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. The defendant alleged that he is identical to the above assertion of misunderstanding of facts in the court below, and the court below rejected the above assertion in light of the evidence duly adopted and examined by the court below. Thus, the judgment of the court below is justified, and the above argument by the defendant is without merit.
B. Although there are favorable circumstances for the defendant, such as the fact that the defendant has no record of criminal punishment for the same crime, each of the crimes of this case has been committed, each of the crimes of this case has acquired insurance money exceeding KRW 20,000 through 23 times by obtaining a false confirmation of admission and discharge, etc. as if the defendant had obtained multiple insurance policies under a special contract for hospitalization insurance and received normal hospitalized treatment. The frequency and amount of the crime is large, and the method of the fraud is also defective. Such insurance fraud crime causes serious moral hazard and unnecessary social costs, and thus, the damage therefrom is necessary to return to the good insured, and furthermore, it is necessary to severely punish the defendant; the defendant does not go against the foundation of the insurance system; the defendant does not seem to have made any effort to recover damage; and the defendant's character and behavior, environment, age, health status, motive, circumstance, frequency, size, period, means, result, etc. of the crime, and the circumstances of this case after the crime.