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(영문) 인천지방법원 2018.04.12 2016고단7649

사기

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Each applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged is that around August 2, 2004, the Defendant purchased 14 insurance, including CI, with love for the victim's oriental medical life (hereinafter referred to as "victim"). The above insurance is a security insurance that the daily amount of hospitalization is paid when hospitalized or hospitalized at the time of the injury or disease, or the insurance amount is paid when hospitalized for a long time.

As seen above, Defendant 1: (a) filed a multiple insurance policy; (b) filed a false pain, claiming for a false pain, which does not require hospital treatment; or (c) received a daily allowance for hospitalization from the victim insurance companies by increasing the period of hospitalization.

Although the Defendant does not need to provide long-term hospitalized treatment with E regularly located in Yeonsu-gu Incheon from September 4, 2008 to September 29, 2008, the Defendant: (a) hospitalized the victim’s oriental bio-resources, etc. under the name of sick, such as “astronomical surgery and familation; and (b) claimed insurance proceeds from the victim’s insurance company around September 30, 2008 to October 14, 2008; and (c) received KRW 7,278,678 in total amount of insurance proceeds from the victim’s insurance company from September 30, 2008 to around May 12, 2015 (attached Table 1). From that time, the Defendant, including the Defendant, received insurance proceeds from the victim’s insurance company by deceiving the victim through the aforementioned method on a total of 25 occasions as indicated in the attached Table of Crimes.

2. Determination:

A. In a case where continuous observation by a medical personnel is necessary with respect to side effects or incidental effects of drugs which are very low resistance to, or are administered by, a patient’s disease, where management of nutritional conditions and food intake is necessary, the patient’s pain needs to continuously be conducted, and thus, the patient’s treatment is in a situation where the patient’s condition is unable to cope with the patient’s disease, or where the patient’s risk of infection exists, and thus, the patient is under medical treatment while staying in the hospital, which is the notice of the Ministry of Health and Welfare.