beta
(영문) 전주지방법원 군산지원 2020.01.10 2017고단363

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 February 20, 2004 to February 15, 2008, the Defendant purchased four insurance companies, such as D, which are insurance products of the Victim C Co., Ltd. (hereinafter “C”), and paid insurance premiums equivalent to KRW 302,840 each month, and when hospitalized, it is able to pay hospitalization fees through the insurance products purchased as above. Therefore, it is possible to cover living expenses, etc. even without doing any work. Despite the need for hospitalization, the Defendant was able to receive insurance money under the pretext of medical treatment, hospitalization, etc. by means of being hospitalized for a longer period than the period necessary for actual treatment or repeated discharge from the hospital.

From September 15, 2012 to September 29, 2012, the Defendant: (a) was actually able to receive appropriate medical treatment for seven days during the period from 15 days of hospitalized treatment; (b) the victim FF corporation (hereinafter referred to as “F”); (c) G (hereinafter referred to as “G”); (d) B Co., Ltd. (hereinafter referred to as “B); and (e) the Defendant claimed insurance proceeds to the E Hospital from October 8, 2012 to September 29, 2012; and (c) received total KRW 3,07,70 won from October 10 to September 10, 2016, and received the total amount of KRW 3,07,70 from the time of delivery to the 15th day of the same month; and (d) the Defendant was issued with attached Table 136,145,15,136,15,14,15,15,15,200; and (d) the victim’s total amount of KRW 16,35,15.

Summary of Evidence

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. The legal statement of the witness H and I;

1. Written statements of J, K and L;

1. A written petition of M;

1. Subscription forms for insurance contracts, details of insurance contracts, and details of insurance contracts (C insurance);

1. Current status of defendant's insurance coverage;

1. Details on payment of each insurance money;

1. Period of hospitalization and current status of address by hospital;

1. Application of statutes, such as medical records;

1. Criminal facts;