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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant subscribed to the insurance products, such as the health insurance and accident insurance of four insurance companies, such as E.S. fire and marine insurance, etc., and tried to receive insurance money by being hospitalized for a long time on the ground of minor injuries or diseases that need not be hospitalized for a long time.
On May 21, 2010, the Defendant was hospitalized in the E Hospital located in Daegu-gu, Daegu-gu, without requiring long-term hospitalization in light of the Defendant’s situation at the time, and was transferred KRW 600,000 as the insurance money from the date of the damage to June 9, 2010, under the name of the diagnosis, i.e., e., e., catitis for 20 days, and around June 13, 2010, the Defendant claimed insurance money from the damaged party, and around June 15, 2010, transferred KRW 60,000 as the insurance money from the damaged party.
In addition, from February 26, 2010 to January 9, 2015, the Defendant received total of KRW 157,896,663 from four insurance companies as insurance proceeds, respectively, for seven diseases where long-term hospitalization is not required, as indicated in attached Table 1 to attached Table 4 from around February 26, 2010.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Statement of the police statement related to G;
1. Police seizure records;
1. Presentation of materials;
1. Results of reviewing the appropriateness of hospitalization and treatment;
1. Each medical record area;
1. Summary of each medical analysis, and medical records;
1. Each investigation report (with respect to attachment of medical analysis reply sheet, with respect to A’s correction of the annual hospitalization period, the date of confirmation of the hospitalization date of the Health Insurance Review Evaluation Institute’s response data);
1. Each internal investigation report (as to the current status of the defendant and his defense counsel's subscription to insurance by appending related data, such as contractual matters, the criminal investigation by the suspected person A, and the authentic person A), [the defendant and his defense counsel did not have the criminal intent to commit fraud since each of the of the instant hospitalization was legitimate, as they were hospitalized;
The argument is asserted.
The term "hospitalize" means a drug that significantly lowers the resistance power for a patient's disease or is administered.