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(영문) 서울중앙지방법원 2015.09.23 2015고정197

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In spite of the fact that the Defendant was unable to receive treatment due to disease, injury, etc. or the need to receive treatment, the Defendant was sufficient to receive hospital treatment, and there is no need to receive hospital treatment. However, with the aim of receiving medical expenses, hospitalization expenses, etc. paid by an insurance company, the Defendant was hospitalized in the hospital by pretending the insurance accident to the hospital, and received medical records, such as a written confirmation of hospitalization, and submitted the insurance company to receive insurance

Notwithstanding the fact that there is no need to be hospitalized, the Defendant: (a) hospitalized the name of the disease, such as knee persium, from September 20, 2012 to October 12, 2012, the Defendant: (b) filed a claim against the victim AIA life insurance company for the payment of insurance proceeds on October 25, 2012; and (c) received KRW 420,000 from the victim on September 25, 2012.

As above, the Defendant, as well as the Defendant, by deceiving the victim, received KRW 420,00 from the victim. From around that time to May 31, 2013, the Defendant received insurance proceeds of KRW 16,182,190 in total on 23 occasions, as shown in the attached Table of Crimes, or had the Health Insurance Corporation pay as health care benefit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to the details of analysis, list of analysis, details of analysis, payment of insurance proceeds, records of medical treatment, etc., certificates of hospitalization, etc., medical certificates, medical records, and details of claims for insurance proceeds;

1. Relevant Article 347 (1) and (2) of the Criminal Act and the choice of a fine for a crime;

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

1. Articles 70 (1) 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;