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(영문) 의정부지방법원 2014.07.31 2013고정1331

사기

Text

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

Reasons

1. A person who has the summary of the facts charged of this case has a duty to accurately notify the insurance company whether he/she has received treatment, hospitalization, surgery, etc. for a disease before subscribing to a disease insurance policy;

On June 29, 2007, the Defendant, at the D Hospital located in Mana City C, made a false statement to the effect that “I do not have any question with the purport that “I have been diagnosed by a doctor through a diagnosis and examination within the last three months or, as a result, received treatment, hospitalization, surgery, or medication within the recent three months,” the Defendant was “I have no question with the purport that “I have received hospitalization, surgery, or close inspection from a doctor within the recent five years, or who had received treatment or medication for at least seven consecutive days or for at least thirty consecutive days.”

However, in April 2007, the defendant received surgery and hospitalization by sexual intercourse in the Gisung Hospital, and at the time of entrance, he was hospitalized in the above D Hospital with knee-snee-snee-sneeing.

As above, the Defendant, by deceiving the victim and entering into an insurance contract with the victimized company, was hospitalized on February 9, 2009 with the victim company for 16 days, and submitted relevant documents, etc., and received insurance money of KRW 1,863,779 from the victimized company, and received insurance money of KRW 7,083,384 from the victimized company in total four times, as shown in the list of crimes in the attached list of crimes.

2. Determination

A. First, the following circumstances are acknowledged according to the evidence of this case as to whether the Defendant deceptioned the victimized company as stated in the facts charged in the instant case.

1 The Defendant entered into the instant insurance contract with the victimized Company via E, an insurance solicitor of the victimized Company, and E is in a fluent period for the Defendant to notify kings or medical history.