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(영문) 전주지방법원 2017.08.30 2014고단1568

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was purchased by the Defendant from September 27, 2005 to December 9, 2005, with a total of five hospitalization allowances, including the victim's Korean life insurance, the victim interesting country life insurance, the victim's life insurance, the victim's East life insurance, the victim's East life insurance, and the victim's modern premiums.

From March 28, 2008 to April 18, 2008, the Defendant appears to have written indictment on April 22, 2014.

To the end, after being hospitalized for 22 days for 20 days on the ground that there was pain in the body from the Fneinjin-gu E to the body, the patient was hospitalized for 22 days on the ground that it was not sufficient to be hospitalized for a long time as seen above. However, even if it was sufficient to be hospitalized for a long time, the patient was hospitalized at the time of being hospitalized. around that time, the patient’s life insurance company requested the payment of insurance money to five insurance companies, such as the victim’s East Life Insurance, etc., and its member received 7,60,344 won in total from five insurance companies, including 950,000 won per day of hospitalization on April 18, 2008 to the Defendant’s account under the name of the Defendant, including the transfer of KRW 7,60,344 won from April 18, 2008 to March 18, 2013, by adding them to 37,184,576,57, respectively, as indicated in the attached crime table.

Accordingly, the defendant acquired the total sum of 182,449,576 won, respectively.

2. The gist of the Defendant’s assertion was that the Defendant received hospitalized treatment in Fneary outpatients, etc. as indicated in the instant facts charged, but a doctor needs to be hospitalized at the time.

Since the defendant recommended hospitalized treatment, there was no intention to receive the insurance money by being hospitalized, and there was no intention to receive the insurance money, so criminal fraud is not established.

3. Determination

(a) An insurance contractor himself/herself who receives insurance benefits for hospitalized treatment by purchasing an insurance policy and paying an insurance premium to an insurance company;