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(영문) 광주지방법원 2013.10.10 2013고정816 (1)

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From November 3, 2011 to November 16, 2011, the Defendant hospitalized in the “D Hospital” located in Gwangju Northern-gu Seoul for 27 days in total under the name of bottle, such as Eargue-gun, for 13 days from February 1, 2012 to February 13, 2012.

However, during the period of hospitalization, the Defendant lived in the Dong-gu Dong-gu, Jeonnam-gun, Jeonnam-gun, and Gyeongnam-gun, and did not have any time at the hospital. However, the Defendant was unable to receive hospital treatment rather than the actual level of hospital treatment that the Defendant actually received.

Nevertheless, the Defendant issued a false certificate of discharge and a false receipt of hospitalization with the purport that he/she was actually hospitalized in the hospital during the period of hospitalization at the above hospital. On November 23, 2011, the Defendant submitted it to the Life Insurance Co., Ltd., Ltd., which filed a claim for the amount of hospitalization medical expenses, and filed a claim for the amount of hospitalization medical expenses from the said victim company on November 24, 2011, and acquired KRW 1,461,504 in total from three damage insurance companies under the above title as shown below.

The insurance proceeds to be paid on November 23, 201 on the date of filing a claim for discharge of hospitalization shall be the sum of the KRW 10,000,000 Samsung Bio-resources on November 24, 201 on November 24, 201, and KRW 306,504 on November 25, 201, 201, and KRW 385,000 on November 23, 201, and KRW 10,000 on February 13, 201, and KRW 16,00 on February 13, 201, 201; and the summary of evidence shall be the aggregate of KRW 10,00,00 on November 23, 201, and KRW 16,06,00 on February 14, 201; and

1. Partial statement of the defendant;

1. Each entry, certificate of discharge, and claim for insurance proceeds;

1. An analysis of records of hospitalization and treatment;

1. Results of inquiries into base stations;

1. Application of Acts and subordinate statutes concerning medical records and nursing records;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. Determination of Article 334(1) of the Criminal Procedure Act is based on the provisional payment order.