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(영문) 광주지방법원 목포지원 2017.02.03 2016고단1388

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 17, 2008 to June 30, 2009, the Defendant subscribed to Lona Life Insurance for the renewal of the Love Insurance for Distribution without Distribution, Redy driver's insurance, distribution Newn Newn's non-distribution insurance, and for the non-distribution of the Korean Commercial Non-Life Insurance, and attempted to obtain insurance money from the insurance company by receiving insurance money from the insurance company for a long time, by taking advantage of the fact that the insurance money is not required for hospitalization with injury or disease, with the payment of insurance money in terms of medical expenses for hospitalization and daily expenses for hospitalization.

On August 5, 2009, from around August 5, 2009 to around 25, 21 days of the same month, the Defendant hospitalized D Hospital located in G and received a written confirmation of hospitalization, and on September 7, 2009, the Defendant claimed insurance money on the ground that the Defendant was hospitalized into the said hospital due to urterology, etc.

However, the defendant's disease could be sufficiently treated due to hospital treatment or 14-day hospital treatment, and the actual substance of the defendant's treatment constitutes hospital treatment, not hospital treatment, in whole or in part.

Nevertheless, the defendant deceiving the victim company as above and transferred KRW 1,990,000 from the victim company to the Gwangju Bank E account under the name of the defendant around October 6, 2009 as insurance money, and received KRW 76,954,764 in total from the victims as insurance money by false or excessive admission from February 26, 2015 to February 26, 2015.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. A written statement of damage caused byrain life insurance, etc.;

1. Contract inquiry, inquiry into the details of payment, review of the appropriateness of hospitalization and treatment, insurance company's written request/written request for insurance, G medical analysis results, and application of hospital medical records Acts and subordinate statutes;

1. Criminal facts;