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(영문) 서울북부지방법원 2013.11.08 2013고단1262

사기

Text

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

Reasons

Punishment of the crime

On February 16, 2007, the Defendant subscribed to the insurance products of the victim's Green Damage Insurance Co., Ltd. on December 24, 2008, and the insurance products of the victim's Green Damage Insurance Co., Ltd. on June 8, 2009, including the content that the victim can receive insurance money such as hospitalization daily due to injury to the life insurance company.

On October 28, 2010, the Defendant filed a claim for the payment of insurance money with the content that “The Defendant received hospitalized treatment with a h, h, h, and shoulder h, from October 8, 2010 to October 28, 2010 at the Seongbuk-gu Seoul Metropolitan Government D Hospital located in Seongbuk-gu, Seoul, for the payment of insurance money to the employee in charge at the office of Green Damage Insurance Co., Ltd., Ltd.

However, there was no fact that the defendant had been hospitalized from time to time, such as running outing and staying outside, etc., as the defendant received hospitalized treatment during the above period.

As such, the Defendant, by deceiving the victim and receiving KRW 3,707,580 from the victim on October 29, 2010, received KRW 3,707,580 from the victim, from that time, from that time until June 27, 2012, by deceiving the victims, such as the annexed crime inundation sheet, and was paid KRW 25,324,52 in total by the victims on 15 occasions.

Summary of Evidence

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

1. Analysis of medical records and copies of each medical record;

1. A copy of the currency;

1. Data on the details of payment of insurance proceeds;

1. A list of transactions in free savings;

1. Application of Acts and subordinate statutes for reply to communication confirmation data;

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

1. Of concurrent offenders, the judgment on the Defendant and the defense counsel’s assertion under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act is the actual body of the Defendant.