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(영문) 광주지방법원 2018.06.14 2017고정1287

사기

Text

[Defendant A] Defendant A’s summary of the judgment of not guilty is publicly announced.

[Defendant B] Defendant B

Reasons

Defendant B was aware of the fact that Defendant B received medical treatment at the D hospital located in Gwangju Mine-gu, Gwangju Metropolitan City, he could go out and stay out, and issued relevant documents, such as a written confirmation of hospitalization to be submitted to an insurance company, but did not actually be hospitalized, and received the insurance money by fraud.

Defendant

B around February 1, 2016, around February 1, 2016, the hospital was hospitalized under the name of “inception with fluences”.

However, in fact, Defendant B did not have been hospitalized in the hospital for a period of time, and did not have been hospitalized in the hospital for daily life by going out of the hospital, and the purpose of sufficiently treating the hospital was achieved due to the outpatient treatment.

Nevertheless, Defendant B received a written confirmation of hospitalization, etc. on the 19th day of the same month from the victim E insurance company on the 19th day of the same month after he received a written confirmation of hospitalization as if he had been hospitalized, and filed a claim for insurance money with the victim E insurance company around the same month on the 19th day of the same month and received the payment of KRW 1,715,300 on the 23th day of the same month from the above victim under the name of insurance money, and received the total sum of KRW 4,375,300 from the victim insurance company on four occasions as in the attached Table 1

Summary of Evidence

1. Some statements concerning the suspect interrogation protocol against the defendant B

1. Each legal statement of witness F, witness G, and witness H;

1. A copy of each police statement made to I and J (a copy);

1. Each investigation report (the current status of seven-story patients of the D Hospital, and the location analysis of the station in charge of transmitting the suspect B);

1. The details of each currency (No. 84 No. 1 of evidence lists);

1. Nursing records, etc. (No. 85 No. 85);

1. Application of insurance-related data (Evidence No. 86 No. 86);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. To deny the criminal intent by fraud of Article 334(1) of the Criminal Procedure Act.