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(영문) 부산지방법원 2013.11.07 2013고정651

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant, upon receiving hospitalized treatment at a hospital due to illness or injury, has subscribed to the insurance products that receive hospitalization expenses and daily allowances to Dongyang Life Insurance Company, etc., and has committed fraud by claiming insurance companies for hospitalization expenses and daily allowances, etc. by using the terms and conditions that the Defendant may claim hospitalization expenses and daily allowances to be received.

From August 5, 2009

8. By 27 days prior to 31. 31. The previous D Hospital located in the Dong-gu Busan Metropolitan City, and the previous D Hospital's doctor knew of the fact that the D Hospital's request for hospitalization without any special inspection about it and it is easy to make a decision of hospitalization and that it does not control the hospitalized patient, and the doctor was hospitalized even if it is not required to be hospitalized, even if it was received only for outpatient treatment.

However, although there is no need for hospitalization, such as returning home at the Saturday of the hospitalization period and going to the Sundays church, it is necessary to enter the hospital, the hospital was issued with a false confirmation of discharge for entering and leaving the hospital under the name of the ward, such as the "Yeeeee-Mane-Mae-Man" during the hospitalization period. On September 1, 2009, he claimed insurance money to the Dongyang Life Insurance Company, etc., and received 6,700,446 won in total as in the annexed list of crimes, and acquired it by fraud.

Summary of Evidence

1. Submission of evidential materials (a copy of the judgment, such as High Court Decision 2012No9596);

1. Investigation report (Attachment of evidential materials on the facts constituting A of a suspect);

1. Copy of the hospital register;

1. Application of data-related statutes, such as written confirmation of insurance proceeds;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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 (1) of the Criminal Procedure Act of the provisional payment order;