beta
Text
The prosecutor's appeal is dismissed.
An application filed by an applicant for compensation shall be dismissed.
Reasons
1. According to the evidence of the grounds of appeal, the court below found the defendant not guilty of the facts charged of this case even though the defendant was found to have been guilty of the insurance money by excessively hospitalized in order to receive the insurance money without sufficient medical care or necessity of hospital treatment.
2. Determination on the prosecutor’s appeal
A. In the instant facts charged, the Defendant, from October 22, 2004 to August 26, 2014, subscribed to 11 insurance companies from around 2, 2004 up to 16 insurance contracts, and continued to subscribe to 8 insurance contracts (1.2 million won per month premium) which are limited to 16 insurance companies, such as subscribing to B from around 204 to August 26, 2014, attempted to receive insurance proceeds from insurance companies by taking account of the fact that in the case of disease security insurance, the maximum of 123 days of hospitalization for one disease is guaranteed (excluding the first 3 days), and that the same disease can be guaranteed again after the lapse of 180 days (excluding the first 3 days), which is a minor disease that is in need of the need of hospitalization for the same disease. However, the Defendant was willing to receive
From January 28, 2008 to February 29, 2008, the Defendant was hospitalized into the D Hospital under the name of “Recognition Gun” and received KRW 300,000 from the victim as insurance money on February 29, 2008 by claiming insurance money from the victim E on or around February 29, 2008. From that time to April 21, 2016, the Defendant received KRW 252,519,67 from the insurance company as shown in the attached list of crimes (hereinafter “crime list”).
However, the above disease of the defendant was a minor disease without the necessity of long-term hospitalization, and the substance of the medical treatment of the defendant was not different from the medical treatment in full or in part.
As above, the Defendant, by deceiving the victims, acquired the above KRW 252,519,667.
B. Judgment of the court below.