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(영문) 전주지방법원 군산지원 2018.01.10 2017고단1218

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the defendant concludes an insurance contract exceeding economic ability and it is possible to provide hospital treatment without requiring hospital treatment, he/she has received insurance money under the name of medical expenses, hospitalization expenses, etc. by committing long-term hospitalization than the actual necessary treatment period, or repeating entry and exit expenses to multiple hospitals.

From June 25, 2008 to July 12, 2008, the Defendant received hospitalized treatment for 18 days from the D Hospital located in Yasan-si C, under the name of 18 days, under the name of fring doctor.

However, in fact, the Defendant was hospitalized in a way that brush, pressure frame of the brush, both fingers, and sacrine sacrife appeal, but it was confirmed that there was no opinion that the result of blood examination and brain thale examination was abnormal, and that the brue was only subject to pharmacologic and physical therapy, such as sacrine injection, and that the hospitalization was appropriate for approximately one week for treatment and observation of progress.

Nevertheless, on July 14, 2008, after being hospitalized for 18 days as above, the defendant filed a claim for payment of insurance money with KB non-life insurance with the victim (owner) subscribed by the defendant, and received KRW 723,440 on the 16th day of the same month, and received KRW 723,440 from around that time to February 2, 2015 by receiving KRW 10,785,438 in total from the victim company by means of claiming insurance money as shown in the annexed crime list from around that time to February 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Answer of the result of requesting examination of hospitalization;

1. A report on internal investigation (Attachment to details of payment of insurance proceeds, etc.), details of payment of insurance proceeds, current status of hospitalization, insurance policies, etc., investigation reports, and documents related to insurance coverage;

1. Application of Acts and subordinate statutes, such as records of medical treatment and documents related to the payment of insurance proceeds to insurance companies;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.