beta
(영문) 춘천지방법원 강릉지원 2016.09.28 2016고단850

사기

Text

A defendant shall be punished by imprisonment for one year.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

After receiving long-term hospitalized treatment due to minor accidents, diseases, etc., the Defendant: (a) sought false insurance money as if the Defendant had actually received long-term hospitalized treatment according to the guaranteed insurance contract already subscribed to or the guaranteed insurance contract newly subscribed to; (b) received insurance money from the insurance company; and (c) subsequently subscribed to 17 insurance products of the victims Eastyang Life Insurance Co., Ltd. from March 2007 to January 201.

From December 18, 2008 to January 12, 2009, the Defendant was hospitalized for a long time at D Hospital located in the East Sea C by exaggerationing the pain card of head for 26 days. On January 15, 2009, the Defendant claimed for payment of false insurance money as if the Defendant actually undergone long-term hospitalized treatment due to disease, etc. to the life insurance company in the victim’s new life, and then the Defendant was granted KRW 1,150,000 from the damaged person as insurance money on September 16, 2015, and received KRW 18,706,601 as insurance money from the seven victim insurance companies every seven times in total from September 279 as indicated in the list of crimes in the attached Table.

As above, the defendant had taken each part by deceiving the victims and receiving the property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Police seizure records;

1. A reply to a request for cooperation in investigation, a reference to the details of financial transactions, documents related to insurance contracts, subscription forms for each insurance contract, requests for insurance proceeds and payment confirmation, and reports on analysis by each F Medical Intelligence Service;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of the insurance contracts by the defendant);

1. Article 347 (1) of the Criminal Act for each victim of each insurance accident arising from the relevant legal provision regarding facts constituting an offense and the annual table of the crime committed in the table of the election of the head of the relevant crime (the choice of each imprisonment with labor);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;