beta
(영문) 광주지방법원 목포지원 2014.09.26 2014고단1209

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From January 26, 2006 to November 17, 2008, the Defendant subscribed to the four insurance companies, including the Korea Life Insurance Co., Ltd., Ltd., for a total of seven insurance companies including the Korea Life Insurance Co., Ltd.

Using the aforementioned number of insurances, the Defendant was hospitalized for a longer period than the actual period of hospitalization, and received a written confirmation of hospitalization, and had the same attached thereto claimed insurance money, thereby deceiving the insurance company to receive the insurance money.

The Defendant was hospitalized in the Mapo-si Medical Center from February 21, 201 to March 7, 2011 for 15 days, such as both slots and the left-hand fluora, etc. However, in light of the details of the medical treatment, the Defendant is sufficient to be hospitalized for at least one week and there was no need to undergo long-term hospitalization as above.

around March 8, 2011, the Defendant claimed insurance proceeds from the Victim Green Fire Insurance Co., Ltd. (former M&C Co., Ltd.) along with a written hospitalization certificate, etc. received from the above hospital, and its existence received insurance proceeds of KRW 770,000 from the victim company around March 9, 2011 and received insurance proceeds of KRW 77,924,000 in total from the victim company from March 9, 2011 to April 3, 2013, as described in the attached list of crimes, as above, 84 times in total from March 9, 2011 to April 3, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written petition filed by MM damage insurance companies;

1. An application for insurance;

1. Analysis data of medical records and replies to the request for review, including the appropriateness of hospitalization and treatment;

1. Application of Acts and subordinate statutes on a written confirmation of admission and discharge, each claim for insurance proceeds, and each insurance proceeds payment resolution;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.