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(영문) 서울북부지방법원 2013.04.10 2012고정3461

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around December 28, 2010, the Defendant subscribed to four insurance contracts with Hyundai Maritime Fire Insurance Co., Ltd., including the purchase of four insurance products, including the purchase of the “non-payment of dividends” and the purchase of the “non-payment of dividends” spectrum comprehensive insurance, including security items that can receive general injury, hospitalization, daily allowances, etc. to the Hyundai Maritime Fire Insurance Co., Ltd.

On August 3, 2011, the Defendant tried to acquire insurance money by deceiving the original purpose of the C hospital by cutting down stairs of the Trick field. In addition, on August 3, 2011, the Defendant tried to acquire insurance money by crypting it by cutting down the stairs of the Trick field.

Although the Defendant had not been hospitalized from time to time by taking advantage of the fact that the said hospital had neglected the general patient’s outing and staying outside, and had not been hospitalized in the normal course of receiving hospital treatment at the house of Abory, the Defendant received hospital’s hospitalization treatment by means of the diagnosis, such as “Seinum chinum, pathum chinum, pathalum, and salt,” etc. from August 6, 2011 to August 30, 201, and filed a claim for insurance money stipulated in the insurance terms and conditions with the Hyundai Marine Fire Insurance Co., Ltd., which is the victim on September 15, 201. On September 22, 2011, the Defendant received 750,000 won from the victim who was unaware of the fact that he received 750,000 won from the said hospital and received the hospital treatment four times in total,53,50 won as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Investigation report (to attach suspect interrogation records to the prosecution);

1. A copy of the investigation report (for analysis of contents of currency);

1. Analysis of medical records;

1. Application of relevant Acts and subordinate statutes, such as a copy of each medical examination and treatment record, a detailed statement of deposit transactions, a copy of telephone call;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.