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(영문) 창원지방법원 마산지원 2017.02.07 2015고단986

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From August 25, 2006 to September 8, 2006, the Defendant was hospitalized into the “E Hospital” located in Changsi-si, Changsi-gu, Changsi-si (E) for fifteen days as “the left-hand left-hand hump salt, brain color, stress-free gold.”

However, in fact, the defendant was not required to be hospitalized for a long time, and was merely subject to sufficient treatment due to hospitalization during a period of time that falls short of hospital treatment or the number of days of hospitalization during the period of hospitalization.

Nevertheless, on September 21, 2006, the Defendant filed a claim for insurance proceeds by submitting relevant documents as if he/she had been hospitalized properly with the Victim Telecommunication Life Insurance Co., Ltd. on September 21, 2006, and filed a claim for insurance proceeds from the said company on September 25, 2006, including that the Defendant received 240,000 won of insurance proceeds from the said company on September 25, 2006, from around that time to January 18, 2013, and received total amount of KRW 163,591,02 from the Victim Telecommunication Life Insurance Co., Ltd., Ltd., the Victim Samsung Life Insurance Co., Ltd., the Defendant received total insurance proceeds from the said company during the period of 2,339 days from that time to January 18, 2013, as shown in the List of Crimes.

Summary of Evidence

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

1. Each protocol of seizure and the medical record for seizure;

1. An offer of each insurance contract and a detailed statement of payment;

1. Responses to a request for cooperation in investigation, reports on internal investigation (Attachment of new data by credit card companies) and accompanying data, and the details of each currency;

1. As a result of a survey A, a reply to a request for review, such as reporting on the current status of insurance proceeds paid by company, health insurance statistics year, medical analysis report (Evidence Record No. 46 through 59 pages), the current status of hospital A, the status of benefits by age group by disease classification, the appropriateness of hospitalization treatment, etc., the average number of days of hospitalization and the application of Acts and subordinate statutes on data on

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. As to the assertion of the Defendant and his defense counsel under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, the aggravated punishment of concurrent crimes.