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(영문) 춘천지방법원 원주지원 2018.09.06 2017고단1226

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Judgment of the court below] On January 31, 2009, the defendant subscribed to the "C" of the victim B's "C" goods.

On April 16, 2015, the Defendant suffered bodily injury due to a traffic accident while boarding a GUP car owned by the victimized company on the GUP in front of the “E” restaurant located in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

While treating the injury caused by the above traffic accident, the Defendant submitted a false hospital medical expenses receipt, etc., submitted a hospital medical expenses receipt or pharmacy receipt, etc., or attempted to obtain insurance money from the victimized company by claiming insurance money as if he received the medical treatment for the purpose of beauty art not being covered by the insurance, or received insurance money as if he received the medical treatment for the purpose of treatment.

[Criminal Facts]

1. Fraudulent or attempted fraud;

A. The loss insurance of the victimized company to which the Defendant subscribed for the medical expenses of H members is an insurance product that pays a considerable amount of medical expenses for medical treatment for the purpose of treatment due to various accidents or diseases, and does not pay medical expenses for the cosmetic purpose as insurance money.

On May 6, 2015, the Defendant: (a) except for the case where he/she had undergone a field-learning operation equivalent to KRW 50,000,00 for the purpose of treating the injury inflicted by the said traffic accident at the H Council member located in the Won-si I for the purpose of treating the injury inflicted by the said traffic accident; (b) the Defendant, despite having undergone the cosmetic operation, he/she had completed the cosmetic operation for the purpose of beauty use as if he/she had been conducted for the purpose of treating the injury inflicted by the said traffic accident; and (c) on May 11, 2015, the Defendant claimed medical expenses of KRW 50,000,000 for the purpose of treating the injury inflicted by the said traffic accident; and (d) the Defendant received from the damaged company the insurance proceeds of KRW 160,00,000 on Nov. 160, 205 and paid the insurance proceeds equivalent to the above medical expenses, excluding the insurance proceeds equivalent to KRW 50,000.0.0.